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S. 362
STATUS INFORMATION
General Bill
Sponsors: Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander
Document Path: l:\s-res\jhr\017scho.dag.doc
Introduced in the Senate on January 31, 2007
Currently residing in the Senate Committee on Education
Summary: U.S. Green Building Council
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/31/2007 Senate Introduced and read first time SJ-9 1/31/2007 Senate Referred to Committee on Education SJ-9
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 23, TITLE 59 OF THE 1976 CODE BY ADDING SECTION 59-23-215, TO PROVIDE THAT ALL PUBLIC SCHOOL PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ACT, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the 'Energy Independence and Sustainable Schools Act of 2007.'
SECTION 2. Chapter 23, Title 59 of the 1976 Code is amended by adding:
"Section 59-23-215. (A) As used in this section:
(1) 'Board' means the State Budget and Control Board.
(2) 'High-performance school building' means a school building designed to achieve integrated systems design and construction to significantly reduce or eliminate the negative impact of the built environment.
(3) 'LEED' means the U.S. Green Building Council's Leadership in Energy and Environmental Design.
(4) 'LEED for Existing Buildings Silver standard' means the Silver standard as set forth by the LEED Green Building Rating System for Existing Buildings.
(5) 'LEED Silver standard' means the Silver standard as set forth by the LEED Green Building Rating System for Schools or LEED Green Building Rating System for New Construction and Major Renovations.
(6) 'Public school project' means:
(a) a K-12 new construction school building project; or
(b) a K-12 school building renovation project where the project involves more than fifty percent of the replacement value of the facility or a change in occupancy.
'Public school project' does not mean a building, regardless of size, that does not have conditioned space as defined by Standard 90.1 of the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
(7) 'Renovation project' means a school building project involving the modification or adaptive reuse of an existing facility.
(8) 'School building project' means the design, construction, renovation, operation and maintenance of a K-12 public school building and its associated project building site.
(B) The purpose of this section is to promote effective energy and environmental standards for construction, rehabilitation and maintenance of K-12 school buildings in this State thereby improving the learning environment for both students, teachers, and staff while encouraging healthy development, enhancing student achievement and performance and increasing the State's energy independence. To accomplish the objectives of this article, the State shall adopt policies and procedures that:
(1) optimize the energy performance of school buildings throughout this State;
(2) increase the demand for environmentally preferable building materials, finishes and furnishings;
(3) improve environmental quality in this State by decreasing the discharge of pollutants from school buildings and their manufacture;
(4) create public awareness of new technologies that can improve the health and productivity of students by meeting advanced criteria for indoor air quality;
(5) improve working conditions and reduce building-related health problems;
(6) reduce the State's dependence on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;
(7) protect and restore this State's natural resources by avoiding development of inappropriate building sites;
(8) reduce the burden on municipal water supply and treatment by reducing potable water consumption;
(9) reduce waste generation and manage waste through recycling and diversion from landfill disposal;
(10) establish life cycle cost analysis as the appropriate and most effective analysis to determine a school building project's optimal performance level;
(11) ensure each school building project's systems are designed, installed, and tested to perform according to the building's design intent and its operational needs through third-party, post-construction review and verification; and
(12) authorize the board to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate a school building project's energy independence.
(C)(1) The South Carolina School Facilities Planning and Construction Guide shall require all public school projects in this State to be designed, constructed, and certified to at least the LEED Silver standard. In obtaining certification or re-certification as meeting the LEED Silver standard or the LEED for Existing Buildings Silver standard, a public school project must earn at least forty percent of the available points for energy performance under 'EA Credit 1: Optimize Energy Performance'.
(2) The board may petition the General Assembly to require all public school projects be certified to a high-performance school building rating system standard in addition to or instead of the LEED Silver standard or the LEED for Existing Buildings Silver standard. However, any alternate rating system adopted by the General Assembly must be no less stringent than the LEED Silver standard or the LEED for Existing Buildings Silver standard.
(3) The board shall administer and enforce the provisions in this article. Also, the board may adopt rules and promulgate regulations to comply with the goals set forth in subsection (B).
(D)(1) In order to become certified as meeting the LEED Silver standard or the LEED for Existing Buildings Silver standard, a public school project shall register with LEED prior to the first design team's submittal to the Department of Education's Office of School Facilities. LEED shall have the sole discretion in determining whether a public school project receives certification. Upon completion of the public school project, if LEED certifies the public school project, the school district shall notify the board in writing with proof of certification. For any certification or re-certification determination following the original certification, if the public school project is certified or re-certified, the school district shall notify the board in writing with proof of certification. If the public school project fails to be certified or re-certified, the school district shall notify the department in writing of the failure and the reasons for the failure.
(2) All public school projects that were first certified at the LEED Silver standard must:
(a) be certified as meeting the LEED for Existing Buildings Silver standard five years after first being certified at the LEED Silver standard; and
(b) re-certified at the LEED for Existing Buildings Silver standard every five years thereafter.
(3) All public school projects that were first certified at the LEED for Existing Buildings Silver standard must be re-certified at the LEED for Existing Buildings Silver standard every five years.
(4) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each school building project designed, constructed or renovated pursuant to this section. The monitoring and evaluation of each public school project shall commence one year after each certification or re-certification of the school building project and shall continue for four years thereafter.
(E) The board shall annually submit a report regarding public school projects to the General Assembly that includes:
(1) the number and types of school buildings designed and constructed;
(2) the level of certification of each school building designed, constructed, or renovated;
(3) actual savings in energy costs;
(4) a description of all potential environmental benefits, including, but not limited to, water resources savings and the reduction of waste generation;
(5) the ability of school buildings to maintain the LEED Silver standard; and
(6) any conflicts or barriers that hinder the effectiveness of this section."
SECTION 3. This act takes effect upon approval by the Governor and will apply to all public school projects that begin the schematic design phase on or after the effective date.
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