South Carolina General Assembly
116th Session, 2005-2006

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Bill 4317

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

April 5, 2006

H. 4317

Introduced by Reps. Brady, Funderburk, Mitchell, Bowers, Ballentine, Ceips, Scarborough and Cotty

S. Printed 4/5/06--H.

Read the first time January 10, 2006.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

State Budget and Control Board

According to the State Engineer's and State Energy Offices of the Board, the requirements of the proposed bill could increase construction costs of state building projects by approximately one percent. Based on the average construction costs of $21.2 million for twenty-three projects over a five year period of time, there would be an additional cost of approximately $212,000 per project. However, the increase in costs may be offset through energy savings. It is estimated there is a 30% reduction in cost per square foot for energy. Pending the number of projects and costs and the amount of energy savings, there would be a net savings in operating costs for agencies constructing buildings in accordance with this bill.

Approved By:

Don Addy

Office of State Budget

A BILL

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, WITH LIMITATIONS TO BUILDINGS OF MORE THAN TEN MILLION DOLLARS AND EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.

Amend Title To Conform

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, 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, 2008.

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