74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1139
A-Engrossed
Senate Bill 576
Ordered by the Senate May 14
Including Senate Amendments dated May 14
Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES (at
the request of American Institute of Architects)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Directs State Department of Energy, in cooperation with Oregon
Department of Administrative Services, to require that major
facility projects be planned, designed, constructed and renovated
to meet high performance building standards for energy efficiency
and environmental sustainability.
{ + Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to construction of high performance buildings; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds and declares
that:
(1) The operation of buildings is responsible for more carbon
dioxide emissions than either the transportation or industrial
sectors. Due to the low performance and efficiency standards
currently required of the building industry, construction and
renovation to energy efficient standards presents the single
largest opportunity for the reduction of carbon dioxide
emissions.
(2) Architecture 2030 Challenge goals recommend a fossil fuel
reduction standard for the operation of new buildings to achieve
carbon neutrality by 2030. Architecture 2030 Challenge goals
should guide the design and construction of public buildings in
the State of Oregon.
(3) The construction and operation of buildings place a
significant burden on valuable natural resources through use of
energy, use of fresh water, wastewater discharge, solid waste
generation, extraction for material production and air pollution.
(4) Public buildings, including educational facilities, can be
improved by adopting recognized standards for high performance
buildings and by allowing flexible methods and choices in how
public bodies achieve the standards.
(5) Public buildings certified as being constructed or
renovated to high performance building standards can save money,
conserve resources, improve student performance and provide human
health benefits that make workers more productive and reduce
illness.
(6) Costs and savings can be monitored and documented by public
bodies and subjected to independent performance reviews to ensure
that economic, community and environmental goals are achieved.
(7) High performance building standards can increase the demand
for building materials and products that are grown or
manufactured locally, thereby reducing environmental impacts due
to transportation and supporting the local economy. + }
SECTION 2. { + As used in sections 1 to 4 of this 2007 Act,
unless the context requires otherwise:
(1) 'High performance building' means a building planned,
designed and constructed to meet the standards required by
section 3 of this 2007 Act.
(2) 'High performance building certification program' means a
coherent program of building design, construction and renovation
standards that:
(a) Provides criteria for energy conservation and sustainable
design for various building types;
(b) Establishes minimum requirements for energy conservation
and sustainable design and recognizes additional levels of higher
performance achievement;
(c) Requires quantifiable aspects to be measured to ensure
performance;
(d) Includes mandatory and objective third party review and
certification of compliance with the standards by qualified and
trained professionals;
(e) Has been developed through a consensus-based process,
engaging all aspects of the building industry in its development
and ongoing evolution;
(f) Reduces the operating costs of large facility projects by
reducing consumption of energy, water and other resources;
(g) Results in the recovery of the increased initial cost
attributable to compliance with the program by reducing long term
energy, maintenance and operating costs; and
(h) Encourages use of products harvested, created or mined
within Oregon.
(3)(a) 'Large facility project' means a capital construction
project larger than 10,000 square feet that is, or will be,
owned, leased or operated by a public body and in which the value
of state government financial participation is more than $4
million.
(b) 'Large facility project' does not include affordable
housing projects, including but not limited to housing
developments as defined in ORS 456.615 and residential housing as
defined in ORS 456.615.
(4) 'Public body' has the meaning given that term in ORS
174.109. + }
SECTION 3. { + (1) The State Department of Energy shall adopt
a high performance building certification program.
(2) A large facility project must be designed to be certified
by the high performance building certification program as having
met the highest level of certification that can be justified by a
20-year life cycle cost analysis.
(3) The State Department of Energy may approve a large facility
project that is not planned, designed and constructed to the high
performance building standards if the department:
(a) Determines that the high performance building standards are
not practicable for a particular type of large facility project;
and
(b) Establishes other planning, design and construction
criteria that are appropriate for the project.
(4) A public body shall:
(a) Document and evaluate ongoing operating expenses of each
large facility project owned, leased or operated by the public
body to estimate the operating cost differences resulting from
planning, designing and constructing large facility projects as
high performance buildings under this section.
(b) Report annually to the department on the performance of
large facility projects and estimated differences in operating
costs from planning, designing and constructing projects to the
high performance building standards.
(5) The department shall:
(a) Consolidate the reports required in subsection (4) of this
section into one report, which shall be submitted to the Governor
and to the appropriate interim committees of the Senate and the
House of Representatives not later than September 1 of each
even-numbered year. In the report, the department shall also
describe issues that arise in the implementation of sections 1 to
4 of this 2007 Act, including a description of the large facility
projects that did not qualify for the high performance building
certification as described in subsection (3) of this section or
that were not submitted for certification based on a
determination by the department under subsection (3) of this
section that it was impracticable to qualify the particular type
of project for high performance building certification.
(b) Make recommendations regarding the ongoing implementation
of sections 1 to 4 of this 2007 Act, including a presentation of
incentives and disincentives related to implementing sections 1
to 4 of this 2007 Act.
(6) The State Department of Energy, in cooperation with the
Oregon Department of Administrative Services, shall adopt rules
pursuant to ORS chapter 183 that are necessary for the
administration of sections 1 to 4 of this 2007 Act. + }
SECTION 4. { + (1) The State Department of Energy shall create
a high performance building advisory committee to make
recommendations regarding:
(a) An education and training process for planning and design
team members and project owners of large facility projects; and
(b) An ongoing evaluation or feedback process to help the
department implement sections 1 to 4 of this 2007 Act.
(2) The advisory committee must be composed of:
(a) Representatives from the design and construction industries
involved in public works contracting;
(b) Personnel from affected public bodies that are responsible
for overseeing large facility projects; and
(c) Other members selected at the discretion of the
department. + }
SECTION 5. { + (1) On or before July 1, 2012, the appropriate
interim committee of the Seventy-sixth Legislative Assembly
shall:
(a) Conduct a performance audit of the high performance
building program established under sections 1 to 4 of this 2007
Act;
(b) Review the implementation of sections 1 to 4 of this 2007
Act and the performance of high performance buildings constructed
pursuant to sections 1 to 4 of this 2007 Act and consider whether
changes are required to achieve the goals set out in the findings
in section 1 of this 2007 Act; and
(c) Report its findings and recommendations to the Senate
President and the Speaker of the House of Representatives on or
before December 1, 2012.
(2) The performance audit must include, but is not limited to:
(a) Identification of the costs of implementation of the high
performance building standards in the planning, design,
construction and renovation of large facility projects;
(b) Identification of estimated operating savings attributable
to implementation of the high performance building standards,
including but not limited to savings in energy, utility and
maintenance costs;
(c) Identification of the impact of the high performance
building standards on worker productivity and student
performance; and
(d) Evaluation of the effectiveness of the high performance
building standards. + }
SECTION 6. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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