Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 316

565944

585-04473-08

Proposed Committee Substitute by the Committee on Governmental

Operations.

A bill to be entitled

An act relating to energy use; amending s. 255.251, F.S.;

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

revising criteria for energy conservation and

sustainability for state-owned buildings; requiring

buildings constructed and financed by the state to meet

certain environmental standards approved by the Department

of Management Services; requiring state agencies to

identify state-owned buildings that are suitable for

guaranteed energy performance savings contracts; providing

requirements and procedures therefor; requiring the

Department of Management Services to evaluate identified

facilities and develop an energy efficiency project

schedule; providing criteria for such schedule;

establishing standards for the purchase of biodiesel

diesel fuel for use in state-owned diesel vehicles and

equipment; amending s. 255.253, F.S.; defining the terms

"sustainable building" and "sustainable building rating";

amending s. 255.254, F.S.; revising provisions relating to

the analysis of the life-cycle costs of state facilities;

requiring an energy performance analysis of leased

facilities; amending s. 255.255, F.S.; revising energy

conservation performance guidelines to be used in life-

cycle cost analyses; amending s. 287.063, F.S.;

prohibiting the term of payment for consolidated equipment

finance contracts from extending beyond the anticipated

useful life of the equipment financed; deleting the

requirement that the Chief Financial Officer establish

criteria that prohibits a state agency from obligating an

annualized amount of payments for certain deferred payment

purchases; amending s. 287.064, F.S.; extending the period

of time allowed for the repayment of funds for certain

purchases relating to energy conservation measures;

requiring guaranteed energy performance savings

contractors to provide for the replacement or the

extension of the useful life of the equipment during the

term of a contract; amending s. 287.16, F.S.; providing

additional duties for the Department of Management

Services relating to the energy efficiency of state

vehicles; creating s. 377.907, F.S.; requiring the Florida

Energy Commission to develop Lead-by-Example initiatives

to help defray energy costs and to develop recommendations

to promote energy efficiency and clean energy

technologies; requiring a report to the Legislature by

December 31, 2009, and periodically thereafter; amending

s. 489.145, F.S.; revising provisions relating to

guaranteed energy performance savings contracting by state

agencies to address energy-related operational savings;

revising definitions; revising criteria for proposed

contracts; specifying documentation that must be submitted

for contract review by the Chief Financial Officer;

creating s. 1013.441, F.S.; establishing the Green Schools

Pilot Project; providing Legislative intent; providing for

the selection of three school districts by the State Board

of Education; providing for the payment of additional

costs associated with meeting specified building

construction standards that maximize energy efficiency and

minimize adverse environmental effects; providing for the

distribution of funding for the project; providing for a

report to the Legislature and the Commissioner of

Education; establishing standards for the purchase of

ethanol for use in state-owned flex-fuel vehicles;

providing for administration by the Department of

Management Services; requiring that the department

annually report to the Legislature the extent of biodiesel

and ethanol use in state-owned vehicles; establishing

standards for the purchase of biodiesel fuel by school

district transportation services; providing an effective

date.

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

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

read:

255.251 Energy Conservation and Sustainable in Buildings

Act; short title.--This act may shall be cited as the "Florida

Energy Conservation and Sustainable in Buildings Act of 1974."

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

read:

255.252 Findings and intent.--

(1) Operating and maintenance expenditures associated with

energy equipment and with energy consumed in state-financed and

leased buildings represent a significant cost over the life of a

building. Energy conserved by appropriate building design not

only reduces the demand for energy but also reduces costs for

estimated to use from 20 to 80 percent more energy than would be

required if energy-conserving designs were used. The size,

design, orientation, and operability of windows, the ratio of

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

lighting consonant with space-use requirements, the handling of

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

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

factors considerations necessary to consider when conserving

energy.

(2) Significant efforts are needed to build energy-

efficient state-owned buildings that meet environmental standards

underway by the General Services Administration, the National

Institute of Standards and Technology, and others to detail the

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considerations and practices for energy conservation in

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buildings. Most important is that energy-efficient designs

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provide energy savings over the life of the building structure.

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Conversely, energy-inefficient designs cause excess and wasteful

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energy use and high costs over that life. With buildings lasting

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many decades and with energy costs escalating rapidly, it is

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essential that the costs of operation and maintenance for energy-

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using equipment and sustainable materials be included in all

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design proposals for state-owned state buildings.

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

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sustainable materials considerations to become a function of

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building design, and also a model for future application in the

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private sector, it shall be the policy of the state that

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buildings constructed and financed by the state be designed and

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constructed to meet the United States Green Building Council

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

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rating system, Green Building Initiative's Green Globes rating

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system, Florida Green Building Coalition standards, or a

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nationally recognized, high-performance green building rating

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system as approved by the department in a manner which will

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minimize the consumption of energy used in the operation and

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maintenance of such buildings. It is further the policy of the

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state, when economically feasible, to retrofit existing state-

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owned buildings in a manner that which will minimize the

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consumption of energy used in the operation and maintenance of

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such buildings.

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(4) In addition to designing and constructing new buildings

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to be energy efficient energy-efficient, it shall be the policy

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of the state to operate, maintain, and renovate existing state-

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

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manner that which will minimize energy consumption and maximize

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their sustainability as well as ensure that facilities leased by

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the state are operated so as to minimize energy use. Agencies are

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encouraged to consider shared savings financing of such energy

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projects, using contracts that which split the resulting savings

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for a specified period of time between the agency and the private

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firm or cogeneration contracts which otherwise permit the state

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to lower its energy costs. Such energy contracts may be funded

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from the operating budget.

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(5) Each state agency must identify and compile a list of

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all state-owned buildings within its inventory that it determines

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are suitable for a guaranteed energy performance savings contract

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pursuant to s. 489.145. The list shall be submitted to the

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Department of Management Services by December 31, 2008, and shall

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include any criteria used to determine suitability. The list of

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suitable buildings shall be developed from the list of state-

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owned facilities that are more than 5,000 square feet in area and

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for which the agency is responsible for paying the expenses of

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utilities and other operating expenses related to energy use. In

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consultation with each department secretary or director, by March

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1, 2009, the Department of Management Services shall evaluate

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each agency's facilities that are suitable for energy

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conservation projects and shall develop an energy efficiency

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project schedule based on factors such as project magnitude,

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efficiency and effectiveness of energy conservation measures to

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be implemented, and other factors that may prove to be

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advantageous to pursue. The schedule shall provide a deadline for

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guaranteed energy performance savings contract improvements to be

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made to the state-owned buildings.

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

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255.253, Florida Statutes, to read:

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255.253 Definitions; ss. 255.251-255.258.--

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

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and comfortable for its occupants and is economical to operate

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while conserving resources, including energy, water, raw

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materials, and land, and minimizing the generation of toxic

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

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operation.

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(7) "Sustainable building rating" means a rating

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established by the United States Green Building Council (USGBC)

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Leadership in Energy and Environmental Design (LEED) rating

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

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the Florida Green Building Coalition standards, or a nationally

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recognized, high-performance green building rating system

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approved by the department.

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

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read:

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255.254 No Facility constructed or leased without life-

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cycle costs analysis.--

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

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have constructed, within limits prescribed herein, a facility

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without having secured from the department an a proper evaluation

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of the proposed facility's life-cycle costs based on sustainable

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building ratings, as computed by an architect or engineer.

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Furthermore, construction shall proceed only upon disclosing, for

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the facility chosen, the facility's life-cycle costs as

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determined in s. 255.255, its sustainable building rating goal,

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and the capitalization of the initial construction costs of the

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building. In addition to its sustainable building rating goal,

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the life-cycle costs shall be a primary consideration in the

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selection of a building design. Such analysis shall be required

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only for construction of buildings with an area of 5,000 square

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feet or greater. For leased buildings of 5,000 areas of 20,000

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square feet or greater within a given building boundary, an

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energy performance a life-cycle analysis shall be performed, and

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a lease may shall only be made only if where there is a showing

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that the energy life-cycle costs incurred by the state are

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minimal compared to those of available like facilities.

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

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shall initiate construction or have construction initiated, prior

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to obtaining approval thereof by the department, on a facility or

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

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of which incorporates or contemplates the use of an energy system

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other than a solar energy system, if when the life-cycle costs

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analysis prepared by the department has determined that a solar

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energy system is the most cost-efficient energy system for the

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facility or unit.

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(3) If a After September 30, 1985, when any state agency

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must replace or supplement major items of energy-consuming

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equipment in an existing state-owned facility or leased

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facilities or any self-contained unit of a any facility with

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other major items of energy-consuming equipment, the selection of

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such items shall be made on the basis of a life-cycle cost

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analysis of alternatives in accordance with rules adopted

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promulgated by the department under s. 255.255.

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

216

Statutes, is amended to read:

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255.255 Life-cycle costs.--

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(1) The department shall adopt promulgate rules and

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procedures, including energy conservation performance guidelines

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based on sustainable building ratings, for conducting a life-

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cycle cost analysis of alternative architectural and engineering

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designs and alternative major items of energy-consuming equipment

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to be retrofitted in existing state-owned or leased facilities

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and for developing energy performance indices to evaluate the

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efficiency of energy utilization for competing designs in the

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construction of state-owned state-financed and leased facilities.

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

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

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287.063 Deferred-payment commodity contracts; preaudit

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review.--

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(2)

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(b) The Chief Financial Officer shall establish, by rule,

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criteria for approving purchases made under deferred-payment

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contracts which require the payment of interest. Criteria shall

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

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1. A No contract may not shall be approved in which

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interest exceeds the statutory ceiling contained in this section.

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However, the interest component of any master equipment financing

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agreement entered into for the purpose of consolidated financing

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of a deferred-payment, installment sale, or lease-purchase shall

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be deemed to comply with the interest rate limitation of this

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section if so long as the interest component of every interagency

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agreement under such master equipment financing agreement

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complies with the interest rate limitation of this section.

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

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not shall be approved, unless it can be satisfactorily

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demonstrated and documented to the Chief Financial Officer that

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failure to make such deferred-payment purchase would adversely

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affect an agency in the performance of its duties. However, the

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Chief Financial Officer may approve any deferred-payment purchase

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if the Chief Financial Officer determines that such purchase is

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economically beneficial to the state.

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3. No agency shall obligate an annualized amount of

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payments for deferred-payment purchases in excess of current

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operating capital outlay appropriations, unless specifically

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authorized by law or unless it can be satisfactorily demonstrated

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and documented to the Chief Financial Officer that failure to

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make such deferred-payment purchase would adversely affect an

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agency in the performance of its duties.

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3.4. A No contract may not shall be approved which extends

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payment beyond 5 years, unless it can be satisfactorily

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demonstrated and documented to the Chief Financial Officer that

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failure to make such deferred-payment purchase would adversely

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affect an agency in the performance of its duties. The payment

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term may not exceed the useful life of the equipment unless the

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contract provides for the replacement or the extension of the

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useful life of the equipment during the term of the loan.

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

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any such deferred payment commodity contract must be supported

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from available recurring funds appropriated to the agency in an

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appropriation category, other than the expense appropriation

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category as defined in chapter 216, which that the Chief

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Financial Officer has determined is appropriate or which that the

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Legislature has designated for payment of the obligation incurred

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under this section.

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

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Florida Statutes, are amended to read:

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287.064 Consolidated financing of deferred-payment

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purchases.--

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(10) Costs incurred pursuant to a guaranteed energy

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performance savings contract, including the cost of energy

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

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financed pursuant to a master equipment financing agreement;

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

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not be financed. The period of time for repayment of the funds

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drawn pursuant to the master equipment financing agreement under

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this subsection may exceed 5 years but may not exceed 20 10 years

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for energy conservation measures pursuant to s. 489.145,

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excluding the costs of training, operation, and maintenance. The

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guaranteed energy performance savings contractor shall provide

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for the replacement or the extension of the useful life of the

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equipment during the term of the contract.

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(11) For purposes of consolidated financing of deferred

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payment commodity contracts under this section by a state agency,

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the annualized amount of any such contract must be supported from

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available recurring funds appropriated to the agency in an

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appropriation category, other than the expense appropriation

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category as defined in chapter 216, which that the Chief

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Financial Officer has determined is appropriate or that the

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Legislature has designated for payment of the obligation incurred

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under this section.

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Section 8. Subsections (12), (13), (14), and (15) are added

303

to section 287.16, Florida Statutes, to read:

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287.16 Powers and duties of department.--The Department of

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Management Services shall have the following powers, duties, and

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responsibilities:

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(12) To assess the transportation-related energy use of

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state agencies, including a fleet fuel analysis of motor vehicles

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and light trucks by class.

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(13) To require scheduled vehicle maintenance on all agency

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and state fleet motor vehicles. Compliance shall be measured

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through the department's Equipment Management Information System

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with annual reports to the Legislature.

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(14) To require the use of ethanol and biodiesel when

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locally available and to encourage the development of renewable

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fuel fueling facilities for both public and private-sector motor

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vehicles.

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(15) To conduct an inventory and determine the percentage

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of motor vehicles in use purchased with state funds which are

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flexible motor fuel vehicles or hybrid motor vehicles.

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Notwithstanding s. 287.151, the department shall purchase over

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the next 3 years only vehicles that have the greatest fuel

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efficiency in a given class. In implementing this provision, the

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department may exempt special purpose, law enforcement, and heavy

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duty vehicles.

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Section 9. Section 377.907, Florida Statutes, is created to

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read:

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377.907 Lead-by-Example initiatives.--

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(1) The Florida Energy Commission shall develop Lead-by-

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Example initiatives to help state, county, and local governments

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save money on energy costs. The commission shall also develop

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recommendations to promote energy efficiency and clean energy

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technologies by the public and private sectors.

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(a) Recommendations by the commission shall, at a minimum,

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include a requirement that all new state buildings be built in

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compliance with Leadership in Energy and Environmental Design

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(LEED) standards, Green Globes standards, Florida Green Building

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Coalition standards, or any other nationally recognized and

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verified energy efficiency building standard.

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(b) The commission shall recommend energy efficient

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operating policies for state buildings to be implemented by the

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Florida Energy Office or appropriate state agency.

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(2) The commission shall submit its first recommendations

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in its annual report to the Legislature by December 31, 2009.

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Periodically thereafter, the commission shall submit

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recommendations for Lead-by-Example initiatives to the

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Legislature.

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Section 10. Section 489.145, Florida Statutes, is amended

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to read:

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489.145 Guaranteed energy performance savings

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contracting.--

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(1) SHORT TITLE.--This section may be cited as the

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"Guaranteed Energy Performance Savings Contracting Act."

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(2) LEGISLATIVE FINDINGS.--The Legislature finds that

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can reduce the amount of energy consumed and produce immediate

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and long-term savings. It is therefore the policy of this state

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to encourage agencies to invest in energy conservation measures

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in order that reduce energy consumption, produce a cost savings

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for the agency, and improve the quality of indoor air in public

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facilities and to operate, maintain, and, when economically

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feasible, build or renovate existing agency facilities in such a

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manner as to minimize energy consumption and maximize energy

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savings. It is further the policy of this state to encourage

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agencies to reinvest any energy savings resulting from energy

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conservation measures in additional energy conservation efforts.

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(3) DEFINITIONS.--As used in this section, the term:

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(a) "Agency" means the state, a municipality, or a

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political subdivision.

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(b) "Energy conservation measure" means a training program,

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facility alteration, or an equipment purchase to be used in new

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construction, including an addition to an existing facility,

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which reduces energy or energy-related operating costs and

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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

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a minimum, conforms must conform to the applicable state or local

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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 conservation measures that reduce Btu, kW, or kWh

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consumed or provide long-term operating cost reductions or

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significantly reduce Btu consumed.

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

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wind systems.

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10. Devices that reduce water consumption or sewer charges.

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11. Storage systems, such as fuel cells and thermal

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storage.

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12. Generating technologies, such as microturbines.

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13. Any other repair, replacement, or upgrade of existing

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equipment.

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cost of fuel, energy consumption, and stipulated operation and

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maintenance created from the implementation of one or more energy

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conservation measures when compared with an established baseline

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for the previous cost of fuel, energy consumption, and stipulated

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operation and maintenance.

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(d) "Guaranteed energy performance savings contract" means

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a contract for the evaluation, recommendation, and implementation

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of energy conservation measures or energy-related operational

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savings measures, which, at a minimum, shall include:

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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 that meet or

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exceed total annual contract payments made by the agency for the

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contract and may include allowable cost avoidance. As used in

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this section, allowable cost-avoidance calculations include

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avoided provable budgeted costs contained in a capital

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replacement plan less the current undepreciated value of replaced

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equipment and the replacement cost of the new equipment.

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3. The finance charges incurred by the agency over the life

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of the contract.

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(e) "Guaranteed energy performance savings contractor"

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means a person or business that is licensed under chapter 471,

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chapter 481, or this chapter, and is experienced in the analysis,

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design, implementation, or installation of energy conservation

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measures through energy performance contracts.

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(4) PROCEDURES.--

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(a) An agency may enter into a guaranteed energy

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performance savings contract with a guaranteed energy performance

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savings contractor to significantly reduce energy consumption or

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energy-related operating costs of an agency facility through one

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or more energy conservation measures.

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(b) Before design and installation of energy conservation

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measures, the agency must obtain from a guaranteed energy

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performance savings contractor a report that summarizes the costs

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associated with the energy conservation or energy-related

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operational-cost-savings measures and provides an estimate of the

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amount of the energy cost savings. The agency and the guaranteed

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energy performance savings contractor may enter into a separate

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agreement to pay for costs associated with the preparation and

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delivery of the report; however, payment to the contractor shall

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be contingent upon the report's projection of energy or

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operational cost savings being equal to or greater than the total

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projected costs of the design and installation of the report's

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energy conservation measures.

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performance savings contract with a guaranteed energy performance

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savings contractor if the agency finds that the amount the agency

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would spend on the energy conservation or energy-related cost-

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savings measures are will not likely to exceed the amount of the

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energy or energy-related cost savings for up to 20 years after

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from the date of installation, based on the life cycle cost

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calculations provided in s. 255.255, if the recommendations in

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the report are were followed and if the qualified provider or

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providers give a written guarantee that the energy or energy-

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related cost savings will meet or exceed the costs of the system.

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However, actual computed cost savings must meet or exceed the

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estimated cost savings provided during program approval. Baseline

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adjustments used in the calculations must be specified in the

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contract. The contract may provide for installment payments for

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up to a period not to exceed 20 years.

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(d) A guaranteed energy performance savings contractor must

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be selected in compliance with s. 287.055; except that if fewer

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than three firms are qualified to perform the required services,

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the requirement for agency selection of three firms, as provided

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in s. 287.055(4)(b), and the bid requirements of s. 287.057 do

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not apply.

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(e) Before entering into a guaranteed energy performance

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savings contract, an agency must provide published notice of the

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meeting in which it proposes to award the contract, the names of

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the parties to the proposed contract, and the contract's purpose.

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(f) A guaranteed energy performance savings contract may

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provide for financing, including tax-exempt financing, by a third

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party. The contract for third party financing may be separate

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from the energy performance contract. A separate contract for

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third party financing must include a provision that the third

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party financier may must not be granted rights or privileges that

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exceed the rights and privileges available to the guaranteed

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energy performance savings contractor.

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(g) Financing for guaranteed energy performance savings

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contracts may be provided under the authority of s. 287.064.

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(h) The Chief Financial Officer shall review proposals to

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ensure that the most effective financing is being used.

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(i)(g) In determining the amount the agency will finance to

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acquire the energy conservation measures, the agency may reduce

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capital funding available to the agency for the purpose of buying

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down the cost of the guaranteed energy performance savings

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contract. However, in calculating the life cycle cost as required

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in paragraph (c), the agency may shall not apply any grants,

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rebates, or capital funding.

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(5) CONTRACT PROVISIONS.--

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(a) A guaranteed energy performance savings contract must

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include a written guarantee that may include, but is not limited

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to the form of, a letter of credit, insurance policy, or

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corporate guarantee by the guaranteed energy performance savings

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contractor that annual energy cost savings shall will meet or

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exceed the amortized cost of energy conservation measures.

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(b) The guaranteed energy performance savings contract must

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provide that all payments, except obligations on termination of

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the contract before its expiration, may be made over time, but

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not to exceed 20 years after from the date of complete

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installation and acceptance by the agency, and that the annual

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savings are guaranteed to the extent necessary to make annual

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payments to satisfy the guaranteed energy performance savings

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contract.

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require that the guaranteed energy performance savings contractor

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

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construction bond to the agency for its faithful performance, as

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required by s. 255.05.

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(d) The guaranteed energy performance savings contract may

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contain a provision allocating to the parties to the contract any

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annual energy cost savings that exceed the amount of the energy

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cost savings guaranteed in the contract.

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(e) The guaranteed energy performance savings contract must

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shall require the guaranteed energy performance savings

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contractor to provide to the agency an annual reconciliation of

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the guaranteed energy or energy-related cost savings. If the

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reconciliation reveals a shortfall in annual energy cost savings,

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the guaranteed energy performance savings contractor is liable

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for such shortfall. If the reconciliation reveals an excess in

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annual energy cost savings, the excess savings may be allocated

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under paragraph (d) but may not be used to cover potential energy

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or energy-related cost savings shortages in subsequent contract

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years.

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(f) The guaranteed energy performance savings contract must

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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 after from the date of the complete

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installation and acceptance by the agency using straight-line

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amortization for the term of the loan, and the remaining costs to

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be paid at least quarterly, not to exceed a 20-year term, based

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on life cycle cost calculations.

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(g) The guaranteed energy performance savings contract may

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extend beyond the fiscal year in which it becomes effective;

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however, the term of any contract expires at the end of each

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20 years, subject to the agency making sufficient annual

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appropriations based upon continued realized energy savings.

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(h) The guaranteed energy performance savings contract must

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stipulate that it does not constitute a debt, liability, or

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obligation of the state.

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(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The

548

Department of Management Services, with the assistance of the

549

Office of the Chief Financial Officer, shall may, within

550

available resources, provide technical content assistance to

551

state agencies contracting for energy conservation measures and

552

engage in other activities considered appropriate by the

553

department for promoting and facilitating guaranteed energy

554

performance contracting by state agencies. The Office of the

555

Chief Financial Officer, with the assistance of the Department of

556

Management Services, shall may, within available resources,

557

develop model contractual and related documents for use by state

558

agencies. Prior to entering into a guaranteed energy performance

559

savings contract, any proposed contract or lease for third-party

560

financing, or any combination of such contracts must be submitted

561

by the agency, a state agency shall submit such proposed contract

562

or lease to the Office of the Chief Financial Officer for review

563

and approval. The proposed contract or lease submitted must

564

include:

565

(a) The supporting information required by s.

566

216.023(4)(a)9.

567

(b) Documentation demonstrating the availability of

568

recurring funds as required by ss. 287.063(5) and 287.064(11).

569

570

(d) An agency measurement and verification plan to monitor

571

cost savings.

572

(7) FUNDING SUPPORT.--For purposes of consolidated

573

financing of deferred payment commodity contracts under this

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section by a state agency, the contract must be supported from

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available recurring funds appropriated to the agency in an

576

appropriation category, as defined in chapter 216, which the

577

Chief Financial Officer has determined is appropriate or which

578

the Legislature has designated for payment of the obligation

579

incurred. The Chief Financial Officer may not approve any

580

contract that does not meet the requirements of this section.

581

Section 11. Section 1013.441, Florida Statutes, is created

582

to read:

583

1013.441 Green Schools Pilot Project.--

584

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

585

healthy for the public and the environment to build schools that

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maximize low-water usage and incorporate energy efficiencies,

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renewable energy, and recycling technologies into the school's

588

construction. Therefore, the Legislature establishes the Green

589

Schools Pilot Project in selected school districts for the

590

purpose of incorporating Leadership in Energy and Environmental

591

Design (LEED) silver-level or the Green Globes two-globe rating

592

or better building-certification standards into every new

593

educational building construction project and, when feasible,

594

every educational building renovation project.

595

(2) LEED building certification standards are defined by

596

the United States Green Building Council and the Green Globes

597

certification standards are defined by the Green Building

598

Initiative. Both standards address the total effect that new

599

buildings have on the environment in order to maximize energy

600

efficiency and to minimize adverse effects on the environment.

601

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

602

costs" means the expenditures that are necessary to build a

603

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

604

or better building-certification standards but that exceed the

605

expenditures necessary to build a complete school otherwise in

606

compliance with this chapter. Such additional costs may include,

607

but are not limited to, registration and certification fees

608

charged for certifying the school as meeting LEED silver-level or

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Green Globes two-globe or better building-certification

610

standards.

611

(4) The Department of Education, in consultation with the

612

Florida Energy Office, shall develop by August 1, 2008, an

613

application process for school districts to participate in the

614

pilot project.

615

(a) Three school districts shall be selected for

616

participation by the State Board of Education by January 1, 2009.

617

One school district shall be in a county having a population of 1

618

million or more residents; one school district shall be in a

619

county having a population of 250,000 to 999,999 residents; and

620

one school district shall be in a county having a population of

621

fewer than 250,000 residents. School districts selected to

622

participate shall, to the greatest extent possible, represent

623

geographically different regions of the state.

624

(b) At a minimum, each school district selected must:

625

1. Demonstrate that it implements sound financial

626

management practices by producing documentation that indicates

627

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

628

material weaknesses or instances of material noncompliance noted

629

in its annual audits required under s. 218.39.

630

2. Engage a design team that has demonstrated knowledge and

631

experience in high-performance green building construction.

632

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

633

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

634

certification standards. A school built to such building-

635

certification standards shall be designated as a "Green School."

636

637

pilot project, evaluation criteria established by the State Board

638

of Education may include, but need not be limited to, the

639

selection of school districts that demonstrate a high percentage

640

of environmentally inefficient schools or school districts that

641

propose innovative methods for improving water savings, energy

642

efficiency, or indoor environmental quality.

643

(5) From funds appropriated for the Green Schools Pilot

644

Program, the department shall distribute to each participating

645

school district an amount sufficient to fund the additional costs

646

required to build one complete school to LEED silver-level or

647

Green Globes two-globe or better building-certification

648

standards.

649

(a) If appropriated funds are insufficient to fund the

650

total of additional costs required to build three complete

651

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

652

building-certification standards, the department shall prorate

653

funds available and make distributions based on the ratio of each

654

school's additional costs relative to the total of additional

655

costs for the three schools.

656

(b) If appropriated funds remain after the distribution,

657

such funds may be distributed by the department to one or more of

658

the participating school districts to fund the additional costs

659

required to build other new schools or to renovate existing

660

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

661

building-certification standards.

662

663

the department the expenditure of funds received under this

664

subsection. The reports must be open to inspection and

665

examination by the Auditor General. A participating school

666

district must return to the department:

667

1. Any funds found by the Auditor General to have been

668

improperly expended.

669

2. Funds received for the construction or renovation of a

670

school if LEED silver-level or Green Globes two-globe

671

certification or better is not obtained for the school within 1

672

year after its completion.

673

(6) Each participating school district shall prepare and

674

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

675

of the House of Representatives, and the Commissioner of

676

Education a report on the effects Green Schools have had on

677

student performance and health, operational costs, energy

678

consumption, and the environment in the district by July 1 of the

679

year after a Green school has been in full operation for 3 years.

680

Section 12. State fleet biodiesel usage.--

681

(1) By July 1, 2009, a minimum of 5 percent, by January 1,

682

2010, a minimum of 10 percent, and by January 1, 2011, a minimum

683

of 20 percent of total diesel fuel purchases for use in state-

684

owned diesel vehicles and equipment shall be biodiesel fuel

685

(B20), subject to availability.

686

(2) By July 1, 2009, a minimum of 5 percent, by January 1,

687

2010, a minimum of 10 percent, and by January 1, 2011, a minimum

688

of 20 percent of total fuel purchases for use by state-owned

689

flex-fuel vehicles shall be ethanol, subject to availability.

690

(3) The Department of Management Services shall administer

691

this section.

692

(4) The Department of Management Services shall report to

693

the Legislature on or before March 1, 2009, and annually

694

thereafter on the extent of biodiesel and ethanol use in the

695

state fleet. The report must contain the number of gallons

696

purchased since July 1, 2008, the average price of biodiesel and

697

ethanol, and a description of fleet performance.

698

Section 13. School district biodiesel usage.--

699

(1) By January 1, 2009, a minimum of 20 percent of total

700

diesel fuel purchases for use by school districts shall be

701

biodiesel fuel (B20), subject to availability.

702

(2) If a school district contracts with another government

703

entity or private entity to provide transportation services for

704

any of its pupils, the biodiesel fuel requirement established

705

under subsection (1) shall be part of that contract. However,

706

this requirement applies only to contracts entered into on or

707

after July 1, 2008.

708

Section 14. This act shall take effect July 1, 2008.