Chapter 394

2017 -- S 0952 SUBSTITUTE A Enacted 10/05/2017

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - THE GREEN BUILDINGS ACT

Introduced By: Senators DiPalma, Sosnowski, Miller, Coyne, and Seveney

Date Introduced: June 08, 2017

It is enacted by the General Assembly as follows:

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

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

follows:

37-24-2. Legislative findings.

It is hereby found and declared as follows:

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

continue to increase.

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

problems of pollution and global warming.

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

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

and water,; 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) "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.

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

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

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

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

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

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

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

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

the department;.

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

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

Council's Sustainable Sites Initiative.

(5) "Major facility project" means:

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

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

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

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

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

department, or public institution of higher education.

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

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

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

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.

(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.

(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.

(c)(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.

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-, LEED for Neighborhood Development-, and SITES-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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LC002777/SUB A

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