Bill Text: MS HB1056 | 2012 | Regular Session | Introduced

Mississippi House Bill 1056 (Prior Session Legislation)

Introduced

Bill Title: Public school construction projects; require major projects to meet U.S. Green Building Council's LEED silver standard.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB1056 Detail]

Download: Mississippi-2012-HB1056-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Education; Energy

By: Representative Baria

House Bill 1056

AN ACT TO REQUIRE MAJOR FACILITY PROJECTS OF SCHOOL DISTRICTS WHICH RECEIVE ANY FUNDING IN A STATE OR LOCAL CAPITAL BUDGET TO BE DESIGNED, CONSTRUCTED AND CERTIFIED TO AT LEAST THE UNITED STATES GREEN BUILDING COUNCIL'S LEED SILVER STANDARD; TO AUTHORIZE A SCHOOL DISTRICT TO DETERMINE THAT THE LEED SILVER STANDARD IS NOT PRACTICABLE FOR A PROJECT; TO REQUIRE IF LEED STANDARDS ARE NOT FOLLOWED FOR THE PROJECT, THE SCHOOL DISTRICT T0 REPORT ITS REASONS TO THE STATE DEPARTMENT OF EDUCATION; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ADOPT RULES AND REGULATIONS TO IMPLEMENT THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Legislature finds that public school buildings can be built and renovated using high-performance methods that save money, improve school performance and make workers more productive. High-performance public school buildings are proven to increase student test scores, reduce worker absenteeism, and cut energy and utility costs. It is the intent of the Legislature that major facility projects that receive state or local funding be improved by adopting recognized standards for high-performance public school buildings and allowing flexible methods and choices in how to achieve those standards.

(2) The Legislature acknowledges that the intent and an established goal of the LEED program, as authored by the United States Green Building Council, is to increase demand for building materials and products that are extracted and manufactured locally, thereby reducing the environmental impact and supporting the local economy. Therefore, it is also the intent of the Legislature to emphasize this defined goal and establish a priority to use Mississippi based resources, building materials, products, industries, manufacturers and other businesses in order to provide economic development to Mississippi and meet the objectives of this act.

SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Department" means the State Department of Education.

(b) "High-performance public buildings" means high-performance public school buildings designed, constructed and certified to a standard as identified in this act.

(c) "LEED silver standard" means the United States Green Building Council Leadership in Energy and Environmental Design Green Building Rating Standard, referred to as silver standard.

(d) "Major facility project" means a construction project larger than five thousand (5,000) gross square feet of occupied or conditioned space or a building renovation project when the cost is greater than fifty percent (50%) of the assessed value of the building. The term "major facility project" does not include: any project for which the school district and the design team determine that the LEED silver standard is not practicable; transmitter buildings; pumping stations; research facilities primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods; and other similar building types as determined by the department.

(e) "School district" means a school district as defined in Section 37-47-3.

SECTION 3. (1) This subsection applies to major facility projects that have not entered the design phase before July 1, 2012, and to the extent appropriate LEED silver standards exist for that type of building or facility. All major facility projects of school districts receiving any funding in a state or local capital budget must be designed, constructed and certified to the LEED silver standard or a higher standard. However, a school district may determine that the LEED silver standard is not practicable for a project. When a district determines that the LEED silver standard is not practicable, the district must determine if any LEED standard is practicable for the project. If LEED standards are not followed for the project, the school district must report the reasons to the department.

(2) (a) School districts shall monitor and document ongoing operating savings resulting from major facility projects designed, constructed and certified to the LEED silver standard or any other LEED standard.

(b) School districts shall report before July 1 annually to the department on major facility projects and operating savings.

(3) The department shall consolidate the school district reports required in subsection (2) (b) of this section into a single report for submission to the Legislature before September 1 of each odd-numbered year, beginning in 2013 and ending in 2023. In its report, the department shall include information on the implementation of this act, including reasons why the LEED standard was not used for those major facility projects on which school districts determined not to follow a LEED standard. The department shall make recommendations regarding the ongoing implementation of this act, including a thorough analysis of incentives and disincentives related to implementing this act.

SECTION 4. (1) (a) The department, in consultation with affected school districts, shall develop and issue guidelines for administering this act for school districts. The guidelines must define a procedure and method for employing and verifying activities necessary for certification to the LEED silver standard or a higher standard for major facility projects.

(b) Major facility projects designed to meet standards identified in this act must include building commissioning as a critical cost-saving part of the construction process. This process must include input from the project design and construction teams and the project ownership representatives.

(c) School districts shall hold a preproposal conference for prospective bidders to discuss compliance with and achievement of standards identified in this act. Notice of the preproposal conference must be included in the school district's request for proposals for construction services.

(2) The department shall create a high-performance buildings advisory committee comprised of representatives from the design and construction industry involved in public works contracting, the affected school districts responsible for overseeing public works projects, the office of the State Superintendent of Public Education, and any other entities deem appropriate by the department to provide advice on implementing this act. The advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the department implement this act.

(3) The department shall adopt rules and regulations necessary for the implementation of this act.

SECTION 5. A member of the design or construction team for a major facility project may not be held liable for the failure of a project to meet the LEED silver standard or other LEED standard established for the project as long as a good faith attempt was made to achieve the LEED standard set for the project.

SECTION 6. This act shall take effect and be in force from and after July 1, 2012.