Public buildings-energy & environmental design.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0308

HOUSE BILL
NO.
HB0081

Public buildings-energy & environmental design.

Sponsored by:
Representative(s) Gingery

A BILL

for

AN ACT relating to
administ
ration of government; requiring the review
of
major facility projects for possible certification for energy efficiency as specified; requiring reports;
making conforming amendments; providing applicability;
and pro
viding for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 9
‑
5
‑
401
and 9
‑
5
‑
402
are created to read:
ARTICLE 4
ENERGY & ENVIRONMENTAL DESIGN IN PUBLIC BUILDINGS

9
‑
5
‑
401.

Definitions.

(a)

As used in this article:

(i)

"Council" means the
Wyoming
business council;

(ii)

"Institution of higher education" means the
University
of
Wyoming
and any community college;

(iii)

"LEED silver standard" means the United States green building council leadership in energy and environmental design green building rating standard,
referred
to as the silver standard;

(iv)

"Major facility project" means:

(A)

A construction project larger than five thousand (5,000) gross square feet of occupied or conditioned space; or

(B)

A building renovation project when the cost is greater than fifty percent (50%) of the assessed value and the project is larger than five thousand (5,000) gross square feet of occupied or conditioned space.

(v)

"Major facility project" shall not include:

(A)

Any project for which the
council
, department of education,
institution of higher education,
public school district or other applicable agency determines the LEED silver standard to be not practicable; or

(B)

Any transmitter building, pumping station, hospital, research facility primarily used for sponsored laboratory experimentation, laboratory research or laboratory training in research methods, or other similar building type as determined by the
council
.

(vi)

"Public agency" means any state agency, office, officer, board, commission, committee, bureau, department and public higher education institution
.

9
‑
5
‑
402.

Standards for major facility projects; reports required.

(a)

Any public agency receiving any state funding for any major facility project shall, prior to the commencement of any construction thereon, submit the design of the project to the
Wyoming
business council for review. Upon receipt of the design, the council shall facilitate the review of the project for possible certification of not less than the LEED silver standard. Upon the certification or noncertification of the project, the council shall report the findings to the public agency. The public agency may then take any action it deems appropriate on the project. Failure to receive the LEED silver standard certification shall not delay or impair the implementation or construction of the project in any manner.
If the project is not certified, the public agency shall report to the council in not less than ninety (90) days following notification of the noncertification what, if anything, the agency intends to do as a result of the noncertification. The report shall contain the reasons for the public agency's action or inaction.

(b)

The provisions of subsection (a) of this section shall also apply to any
major facility project of any entity other than a public agency or public school district receiving any state funding.

(
c
)

Annually, on or before December 1, the council shall file a report with the governor and the legislature on the number of major facility projects which were reviewed during the previous calendar year. The report shall include any ongoing operating savings resulting from
any
major facility project
which was designed,
constructed
and certified to not less than
the LEED silver standard.

Section 2.

W.S. 9
‑
5
‑
102
(a)
,
9-12-104 by creating a new
subsection (c)
,
21
‑
15
‑
114
(a) by creating a new paragraph (xvi) and
21
‑
18
‑
202(d)
(v)
(intro)
are amended to read:

9
‑
5
‑
102.

State building commission; authority to buy and lease property; acceptance of donations, grants and devises.

(a)

In order to obtain building sites for additional office space and state uses and to insure the proper keeping of valuable state records and provide for the expansion of functions of the state, the general services division, with the approval of the state building commission, may buy, take options to buy and lease property to be used for building sites for future state office buildings. The general services division, with the approval of the commission may lease acquired property until it is needed. The general services division, with the approval of the state building commission, in cooperation with the department of employment, may acquire lands and buildings in the name of the state of Wyoming by purchase, lease agreement, gift or devise to provide suitable quarters for the administration of the Wyoming Employment Security Law and to develop improvements, maintain and repair the lands and buildings.

The provisions of W.S. 9
‑
5
‑
402 shall apply to this section.

9
‑
12
‑
104.

General powers and duties of the council.

(c)

In addition to the powers and duties provided in this section, the council shall i
mplement the provisions of W.S. 9
‑
5
‑
402.

21
‑
15
‑
114.

Powers and duties; school facilities office created; director.

(a)

The school facilities commission shall:

(xvi)

Ensure the provisions of W.S. 9
‑
5
‑
402 are followed.

21
‑
18
‑
202.

Powers and duties of the commission.

(d)

The commission shall perform the following approval functions:

(v)

Approve all new capital construction projects in excess of one hundred thousand dollars ($100,000.00) for which state funds are or could be eventually applied
, and that the provisions of W.S. 9
‑
5
‑
402 are followed
. "New capital construction projects" include:

Section 3.

W.S. 9
‑
5
‑
402 shall apply to
any major facility project which has not entered the design phase before July 1, 2009, and to the extent appropriate LEED silver standards exist for that type of building or facility.

Section 4.

This act is effective July 1, 2009.

(END)

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HB0081