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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 6, Chapter 52 of Title 48 of the 1976 Code is amended by adding:
"Section 48-52-690. (A) As used in this chapter, 'energy efficiency' or 'energy conservation' standards, guidelines or measures must meet the requirements of this section. Certification of goods or products, development and reporting of consumption plans and goals, evaluation of a guaranteed energy savings contract, or other purpose used in the design and construction of a new building constructed on state property with a construction budget of more than fifteen million dollars must include the achievement of:
(1) at least a certified rating as defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) green building rating system;
(a) Under LEED Credit MR 6, one point may be awarded for the use of renewable, bio-based materials for five percent of the total value of all the products used in the project which are either residuals of or products grown or harvested under a recognized sustainable management system including, but not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(b) Under LEED Credit MR 7, one point may be awarded for the use of renewable, bio-based raw materials certified in accordance with one or more premier certification programs for environmental management, for fifty percent of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, The American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(c) The applicable vendor's or manufacturer's certification documentation must be provided; or
(2) at least a comparable rating to the LEED certified rating or at least a one globe rating as defined by the Green Globes green building rating system and is a nationally recognized, consensus-based green building guideline, standard, or system approved by the State Budget and Control Board.
(B) An independent commissioning agent must evaluate a new building constructed on state property with a construction budget of more than fifteen million dollars to ensure compliance with the requirements of subsection (A). For purposes of this section, the architect, engineer, or other designer of the project may not evaluate the project to ensure compliance with this section.
(C) This section does not apply to:
(1) design and construction of parking garages or outdoor sports facilities. For purposes of this section, 'outdoor sports facilities' means an area designed and equipped for active recreation, athletics, entertainment, or education, or any number of them, including but not limited to, baseball, softball, soccer, football, tennis, track and field, swimming, and equestrian events.
(2) South Carolina State Ports Authority, South Carolina Public Service Authority, South Carolina Research Authority, South Carolina Department of Corrections, and a public entity exempted by the Budget and Control Board;
(3) projects exempted by the Budget and Control Board as the result of evidence that compliance with this section is clearly not in the best interest of the project; or
(4) to projects in design or being constructed on the effective date of this act."
SECTION 2. Upon approval by the Governor, this act takes effect on July 1, 2009.
This web page was last updated on Monday, June 22, 2009 at 2:33 P.M.