2017 -- H 5427 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - THE GREEN BUILDINGS ACT

     

     Introduced By: Representatives Blazejewski, Edwards, Walsh, Marshall, and
Marszalkowski

     Date Introduced: February 08, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 37-24-2, 37-24-3, 37-24-4, 37-24-5 and 37-24-6 of the General

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Laws in Chapter 37-24 entitled "The Green Buildings Act" are hereby amended to read as

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follows:

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     37-24-2. Legislative findings.

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     It is hereby found and declared as follows:

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     (1) Energy costs for public buildings and public projects are skyrocketing and will likely

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continue to increase.

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     (2) Energy use by public buildings and public projects contributes substantially to the

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problems of pollution and global warming.

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     (3) Public buildings and public projects can be built and renovated using high-

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performance methods that save energy, reduce water consumption, improve indoor air quality,

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and water, preserve the environment, and make workers and students more productive.

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     (4) This law is necessary to more efficiently spend public funds.

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     37-24-3. Definitions.

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     For purposes of this chapter, the following definitions shall apply:

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     (1) "Construction" means the process of building, altering, repairing, improving, or

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demolishing forty percent (40%) or more of any public structures or buildings, or other public

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improvements of any kind to any public real property.

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     (2) "Department" means the department of administration.

 

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     (3) "Equivalent standard" means a high-performance green building standard other than

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LEED, LEED for Neighborhood Development, and SITES which provides a rating system or

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measurement tool, that, when used, leads to outcomes, similar or equivalent to, LEED, LEED for

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Neighborhood Development, and SITES outcomes, in terms of green building, green

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infrastructure and green site performance; current accepted equivalent standards include green

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globes, Northeast collaborative high-performance schools protocol; or other equivalent high-

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performance green building, green infrastructure and green site standard standards accepted by

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the department;

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     (4) "LEED" also, "LEED for Neighborhood Development, and SITES certified standard"

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means the current version of the United States Green Building Council Leadership in Energy and

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Environmental Design green building rating standard referred to as LEED, LEED for

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Neighborhood Development, and SITES certified. SITES means the U.S. Green Building

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Council's Sustainable Sites Initiative.

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     (5) "Major facility project" means:

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     (i) A building construction project larger than five thousand (5,000) gross square feet of

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occupied or conditioned space, and its public real property site; or

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     (ii) A building renovation project is larger than ten thousand (10,000) gross square feet of

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occupied or conditioned space, and its public real property site.

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     (6) "Public agency" means every state office, board, commission, committee, bureau,

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department or public institution of higher education.

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     (7) "Public facility" means any public institution, public facility, public equipment, or

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any physical asset owned, including its public real property site leased or controlled in whole or

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in part by this state or any agency or political subdivision thereof.

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     37-24-4. Green building standards.

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     (a) All major facility projects of public agencies shall be designed and constructed to at

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least the LEED, LEED for Neighborhood Development, and SITES, as provided herein, certified

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or an equivalent high performance green building standard. This provision applies to major

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facility projects or other public improvements of any kind to any public real property that have

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not entered the design phase prior to January 1, 2010 for LEED, and July 1, 2017 for LEED for

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Neighborhood Development and SITES through December 31, 2020 or for up to four (4) projects,

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whichever comes first, unless otherwise continued or expanded by the general assembly.

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     (b) All major facility projects of a public school district, where the project receives any

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funding from the state shall be designed, and constructed to at least the LEED, LEED for

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Neighborhood Development, and SITES, as provided herein, certified standard, or the Northeast

 

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Collaborative for High-Performance Schools Protocol, Version 1.1 or above. This provision

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applies to major facility projects or other public improvements of any kind to any public real

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property that have not entered the design phase prior to January 1, 2010, LEED for Neighborhood

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Development, and SITES through December 31, 2020 or for up to four (4) projects, whichever

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comes first, unless otherwise continued or expanded by the general assembly.

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     (c) A major facility project does not have to meet LEED, LEED for Neighborhood

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Development, and SITES certified standard or an equivalent high-performance green building

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standard if:

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     (1) There is no appropriate LEED, LEED for Neighborhood Development, and SITES

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standard or other high-performance green building standard for that type of building or

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renovation project or other public improvements of any kind to any public real property. In such

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case, the department will set lesser green building standards that are appropriate to the project.

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     (2) There is no practical way to apply the LEED, LEED for Neighborhood Development,

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and SITES standard or other high-performance green building standard to a particular building or

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renovation project or other public improvements of any kind to any public real property. In such

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case, the department will set lesser green building standards that are appropriate to the project.

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     (d) The provisions related to LEED for Neighborhood Development and SITES shall

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continue through December 31, 2020, for up to four (4) projects selected by the department,

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subject to evaluation and continuation by the general assembly thereafter.

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     37-24-5. Administration and reports.

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     (a) The department shall promulgate such regulations as are necessary to enforce this

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section. Those regulations shall include how the department will determine whether a project

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qualifies for an exception from the LEED, LEED for Neighborhood Development, and SITES

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certified or equivalent high-performance green building standard, and the lesser green building

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standards that may be imposed on projects that are granted exceptions. Regulations for LEED for

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Neighborhood Development and SITES shall be promulgated after December 2020 based on the

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assessment by the department of up to four (4) eligible state projects selected by the department,

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and upon continuation of the use of LEED for Neighborhood Development, and SITES by the

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general assembly.

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     (b) The department shall monitor and document ongoing operating savings that result

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from major facility projects designed, constructed and certified as meeting the LEED, LEED for

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Neighborhood Development, and SITES certified standard and annually publish a public report of

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findings and recommended changes in policy. The report shall also include a description of

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projects that were granted exceptions from the LEED, LEED for Neighborhood Development,

 

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and SITES certified standard, the reasons for exception, and the lesser green building standards

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imposed.

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     (c) In order to understand the capacity and cost, the department shall test the application

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of LEED for Neighborhood Development, and SITES for up to four (4) state projects. The

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department, with the assistance from the department of environmental management, shall assess

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the costs and benefits in accordance with subsection (d) of this section and report to the general

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assembly on or before December 31, 2020.

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     (d) The annual LEED reports for 2017 through 2020 required under subsection (b) of this

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section, shall include any assessment of costs and benefits of the LEED for Neighborhood

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Development, and SITES standards. The purpose of the assessment is to determine whether the

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department shall require LEED for Neighborhood Development, and SITES standards for major

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facility projects beyond December 31, 2020, along with determining any exceptions from the

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standards that may be required.

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     (c)(e) The department shall create a green buildings advisory committee composed of

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representatives from the design, construction, lumber and building materials industries involved

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in public works contracting, personnel from affected public agencies and school boards that

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oversee public works projects, and others at the department's discretion to provide advice on

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implementing this section. The advisory committee shall make recommendations regarding an

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education and training process and an ongoing evaluation or feedback process to help the

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department implement this section.

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     (f) The provisions related to LEED for Neighborhood Development and SITES shall

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continue through December 31, 2020, for up to four (4) projects selected by the department,

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subject to evaluation and continuation by the general assembly thereafter.

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     37-24-6. Protection from liability.

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     No person, corporation or entity shall be held liable for the failure of a major facility

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project to meet the LEED, LEED for Neighborhood Development, and SITES certified standard

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or other standards established for the project as long as a good faith attempt was made to achieve

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the standard set for the project.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - THE GREEN BUILDINGS ACT

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     This act would expand the "Green Buildings Act" to include public projects and updates

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the standards to include LEED for Neighborhood Development, and SITES.

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     This act would take effect upon passage.

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