2021 -- S 0760

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LC002578

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- GREEN BUILDINGS ACT

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: April 01, 2021

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 37-24-4 and 37-24-5 of the General Laws in Chapter 37-24 entitled

"The Green Buildings Act" are hereby amended to read as follows:

     37-24-4. Green building standards.

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

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

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

projects or other public improvements of any kind to any public real property that have not entered

the design phase prior to January 1, 2010, for LEED, and July 1, 2017, for LEED for Neighborhood

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

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

     (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-, LEED for

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

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

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

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

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

otherwise continued or expanded by the general assembly July 1, 2017.

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

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

standard if:

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

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

project or other public improvements of any kind to any public real property. 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, LEED for Neighborhood Development,

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

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

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

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

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

to evaluation and continuation by the general assembly thereafter.

     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-, LEED for Neighborhood Development-, and SITES-

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

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

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

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

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

general assembly.

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

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

Neighborhood Development-, and SITES-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-, LEED for Neighborhood Development-, and SITES-

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

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

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

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

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

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

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

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

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

standards that may be required.

     (e) 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.

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

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

to evaluation and continuation by the general assembly thereafter.

     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 -- GREEN BUILDINGS ACT

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     This act would repeal the expiration provisions that major facility projects or other public

improvements comply with green building standards, thereby requiring major facility projects of

state agencies to be constructed to LEED standards.

     This act would take effect upon passage.

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