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TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", TO PROVIDE THAT ALL STATE-FUNDED MAJOR FACILITY PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 52, Title 48 of the 1976 Code is amended by adding:
Section 48-52-800. This article may be cited as the 'Energy Independence and Sustainable Construction Act of 2007'.
Section 48-52-810. As used in this article:
(1) 'Board' means the State Budget and Control Board.
(2) 'Building project' means the design, construction, renovation, operation and maintenance of any inhabited physical structure and its associated project building site.
(3) 'Commercial interior fit-out' means interior design and installation by owners or tenants of new or existing office space, typically exclusive of structural components and core and shell elements.
(4) 'High-performance building' means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment.
(5) 'LEED' means the U.S. Green Building Council's Leadership in Energy and Environmental Design.
(6) 'LEED for Existing Buildings Silver standard' means the Silver standard as set forth by the LEED Green Building Rating System for Existing Buildings.
(7) 'LEED Silver standard' means the Silver standard as set forth by the LEED Green Building Rating System for New Construction and Major Renovations.
(8) 'Major facility project' means:
(a) a state-funded new construction building project in which the building to be constructed is larger than 10,000 gross square feet;
(b) a state-funded renovation project where the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or
(c) a state-funded commercial interior tenant fit-out project that is larger than 7,500 square feet of leasable area.
'Major facility project' does not mean a building, regardless of size, that does not have conditioned space as defined by Standard 90.1 of the American Society of Heating, Refrigerating and Air-Conditioning Engineers. Also, 'major facility project' does not mean a public kindergarten, elementary school, middle school, secondary school, junior high school, or high school, all as defined in Section 59-1-150.
(9) 'Renovation project' means a building project involving the modification or adaptive reuse of an existing facility.
Section 48-52-820. The purpose of this section is to promote effective energy and environmental standards for construction, rehabilitation and maintenance of buildings in this State thereby improving the State's capacity to design, build and operate high-performance buildings thus creating new jobs and contributing to economic growth and increasing the State's energy independence. To accomplish the objectives of this article, the State shall adopt policies and procedures that:
(1) optimize the energy performance of buildings throughout this State;
(2) increase the demand for environmentally preferable building materials, finishes and furnishings;
(3) improve environmental quality in this State by decreasing the discharge of pollutants from state buildings and their manufacture;
(4) create public awareness of new technologies that can improve the health and productivity of building occupants by meeting advanced criteria for indoor air quality;
(5) improve working conditions and reduce building-related health problems;
(6) reduce the State's dependence on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;
(7) protect and restore this State's natural resources by avoiding development of inappropriate building sites;
(8) reduce the burden on municipal water supply and treatment by reducing potable water consumption;
(9) reduce waste generation and manage waste through recycling and diversion from landfill disposal;
(10) establish life cycle cost analysis as the appropriate and most efficient analysis to determine a building project's optimal performance level;
(11) ensure each building project's systems are designed, installed, and tested to perform according to the building's design intent and its operational needs through third-party, post-construction review and verification; and
(12) authorize the board to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence.
Section 48-52-830. (A) All major facility projects in this State must be designed, constructed, and certified to at least the LEED Silver standard or the LEED for Existing Buildings Silver standard. In obtaining certification or re-certification as meeting the LEED Silver standard or the LEED for Existing Buildings Silver standard, a major facility project must earn at least forty percent of the available points for energy performance under 'EA Credit 1: Optimize Energy Performance'.
(B) The board may petition the General Assembly to require all major facility projects be certified to a high-performance building rating system standard in addition to or instead of the LEED Silver standard or the LEED for Existing Buildings Silver standard. However, any alternate rating system adopted by the General Assembly must be no less stringent than the LEED Silver standard and the LEED for Existing Buildings Silver standard.
(C) The board shall administer and enforce the provisions in this article. Also, the board may adopt rules and promulgate regulations to comply with the goals set forth in Section 48-52-820.
Section 48-52-840. (A) In order to become certified as meeting the LEED Silver standard or the LEED for Existing Buildings Silver standard, a major facility project shall register with LEED prior to filing the first building construction permit application. LEED shall have the sole discretion in determining whether a major facility project receives certification.
(B) All major facility projects that were first certified at the LEED Silver standard must:
(1) be certified as meeting the LEED for Existing Buildings Silver standard five years after first being certified at the LEED Silver standard; and
(2) re-certified at the LEED for Existing Buildings Silver standard five years later.
(B) All major facility projects that were first certified at the LEED for Existing Buildings Silver standard must be re-certified at the LEED for Existing Buildings Silver standard twice.
(C) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after each certification or re-certifcation of the major facility project and shall continue for four years thereafter.
Section 48-52-850. The board shall annually submit a report regarding major facility projects to the General Assembly that includes:
(1) the number and types of buildings designed and constructed;
(2) the level of certification of each building designed, constructed, or renovated;
(3) actual savings in energy costs;
(4) a description of all potential environmental benefits, including, but not limited to, water resources savings and the reduction of waste generation;
(5) the ability of buildings to maintain the LEED Silver standard and the LEED for Existing Buildings Silver standard; and
(6) any conflicts or barriers that hinder the effectiveness of this article."
SECTION 2. This act takes effect upon approval by the Governor and will apply to all major facility projects that receive approval of the State Budget and Control Board - Permanent Improvement Project Request A-1 form on or after the effective date.
This web page was last updated on Monday, June 22, 2009 at 2:44 P.M.