Chapter 212

2009 -- S 0232 SUBSTITUTE B

Enacted 11/09/09

 

A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- ESTABLISHING A GREEN BUILDINGS ACT

 

     Introduced By: Senators DiPalma, Felag, C Levesque, Connors, and DeVall

     Date Introduced: February 11, 2009 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 37 of the General Laws entitled "PUBLIC PROPERTY AND

WORKS" is hereby amended by adding thereto the following chapter:

 

     CHAPTER 24

THE GREEN BUILDINGS ACT

 

     37-24-1. Short title. This act shall be known and may be cited as "The Green Buildings

Act."

 

     37-24-2. Legislative findings. It is hereby found and declared as follows:

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

increase.

     (2) Energy use by public buildings contributes substantially to the problems of pollution

and global warming.

     (3) Public buildings can be built and renovated using high-performance methods that save

energy, reduce water consumption, improve indoor air quality, preserve the environment, and

make workers and students more productive.

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

 

     37-24-3. Definitions. For purposes of this chapter, the following definitions shall

apply:

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

     (2) "LEED certified standard" means the current version of the United States Green

Building Council Leadership in Energy and Environmental Design green building rating standard

referred to as LEED certified.

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

LEED, which provides a rating system or measurement tool, that, when used, leads to outcomes,

similar or equivalent to, LEED, outcomes, in terms of green building performance; current

accepted equivalent standards include green globes, Northeast collaborative high-performance

schools protocol; or other equivalent high-performance green building standard accepted by the

department;

     (4) “Construction” means the process of building, altering, repairing, improving, or

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

improvements of any kind to any public real property; and

     (5) “Public facility” means any public institution, public facility, public equipment, or

any physical asset owned, leased or controlled in whole or in part by this state or any agency or

political subdivision thereof;

     (6) "Major facility project" means:

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

occupied or conditioned space; or

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

occupied or conditioned space.

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

department or public institution of higher education.

 

     37-24-4. Green building standards. (a) All major facility projects of public agencies

shall be designed and constructed to at least the LEED certified or an equivalent high

performance green building standard. This provision applies to major facility projects that have

not entered the design phase prior to January 1, 2010.

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

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

or the Northeast Collaborative for High-Performance Schools Protocol, Version 1.1 or above.

This provision applies to major facility projects that have not entered the design phase prior to

January 1, 2010.

     (c) A major facility project does not have to meet LEED certified standard or an

equivalent high-performance green building standard if:

     (1) There is no appropriate LEED standard or other high-performance green building

standard for that type of building or renovation project. In such case, the department will set

lesser green building standards that are appropriate to the project.

     (2) There is no practical way to apply the LEED standard or other high-performance

green building standard to a particular building or renovation project. In such case, the

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

 

     37-24-5. Administration and reports. (a) The department shall promulgate such

regulations as are necessary to enforce this section. Those regulations shall include how the

department will determine whether a project qualifies for an exception from the LEED certified

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

that may be imposed on projects that are granted exceptions.

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

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

standard and annually publish a public report of findings and recommended changes in policy.

The report shall also include a description of projects that were granted exceptions from the

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

imposed.

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

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

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

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

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

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

department implement this section.

 

     37-24-6. Protection from liability. No person, corporation or entity shall be held liable

for the failure of a major facility project to meet the LEED certified standard or other standards

established for the project as long as a good faith attempt was made to achieve the standard set for

the project.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00984/SUB B

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