February 17, 2010





ENGROSSED

HOUSE BILL No. 1063

_____


DIGEST OF HB 1063 (Updated February 15, 2010 12:54 pm - DI 52)



Citations Affected: IC 4-13; noncode.

Synopsis: Energy efficient buildings. Requires that certain government buildings be built to achieve maximum energy efficiency to the extent this can be accomplished on a cost effective basis, considering construction and operating costs over the life cycle of the building. Requires the department of administration to develop design standards that require analysis of cost effectiveness, and provides that energy efficiency may be demonstrated through design that achieves a certain energy efficiency rating. Requires that certain government buildings be designed, renovated, or reconstructed to achieve maximum energy efficiency to the extent this can be accomplished on a cost effective basis, considering construction and operating costs over the life cycle of the building. Provides that the design, renovation, or reconstruction may be based on certain energy efficiency rating systems. Excepts political subdivisions and school corporations from the renovation requirements. Requires in the determination of cost effectiveness that value be afforded to the historic or aesthetic qualities of the government building and to the availability of local materials. Provides that Indiana hardwood lumber may be considered for use as a local source material in any project in which the use of Indiana hardwood lumber is practicable. Recognizes a 2006 timberland study.

Effective: July 1, 2010.





Pierce , Harris , Candelaria Reardon
(SENATE SPONSORS _ GARD, TALLIAN, ERRINGTON, BREAUX)




    January 5, 2010, read first time and referred to Committee on Environmental Affairs.
    January 19, 2010, reported _ Do Pass.
    January 21, 2010, read second time, amended, ordered engrossed.
    January 22, 2010, engrossed.
    January 28, 2010, read third time, passed. Yeas 51, nays 47.

SENATE ACTION

    February 1, 2010, read first time and referred to Committee on Energy and Environmental Affairs.
    February 16, 2010, amended, reported favorably _ Do Pass.






February 17, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.


ENGROSSED

HOUSE BILL No. 1063



    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-13-20; (10)EH1063.1.1. -->     SECTION 1. IC 4-13-20 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 20. Government Building Design Standards for Energy Efficiency
    Sec. 1. (a) This chapter applies to a design plan that is approved by the owner of a government building after June 30, 2010 for:
        (1) the major renovation of the government building; or
        (2) the construction of a new government building that satisfies both of the following requirements:
            (A) The government building will consist of at least five thousand (5,000) square feet of floor space.
            (B) The construction project will cost the owner of the government building at least five hundred thousand dollars ($500,000).
    (b) This chapter does not apply to a design plan for the major renovation or construction of a building that does not consume

energy for heating, ventilating, or air conditioning.
    Sec. 2. As used in this chapter, "government building" means a building owned, occupied, and used by any of the following:
        (1) A state agency (as defined in IC 4-13-1-1(b)).
        (2) Any other authority, board, branch, commission, committee, department, division, or instrumentality of the executive branch of state government, including the following:
            (A) A license branch operated or administered under IC 9-16.
            (B) The state police department created by IC 10-11-2-4.
        (3) A state educational institution (as defined in IC 21-7-13-32).
        (4) A body corporate and politic created by statute.
        (5) The judicial department of state government.
        (6) The legislative department of state government.
        (7) A political subdivision (as defined in IC 36-1-2-13).
        (8) A school corporation (as defined in IC 36-1-2-17).
    Sec. 3. As used in this chapter, "LEED rating system" refers to the United States Green Building Council's Leadership in Energy and Environmental Design rating system.
    Sec. 4. As used in this chapter, "major renovation" refers to a renovation of a government building in which:
        (1) the building shell is used to contain new construction;
        (2) the heating, air conditioning, ventilation, electrical, and plumbing systems of the building are replaced; and
        (3) at least seven thousand five hundred (7,500) square feet are renovated.
    Sec. 5. (a) A newly constructed government building must be designed, constructed, operated, and maintained to achieve maximum energy efficiency to the extent this can be accomplished on a cost effective basis, considering construction and operating costs over the life cycle of the building.
    (b) The Indiana department of administration shall develop design standards for all newly constructed government buildings that require the analysis of the cost effectiveness of building with the goal of achieving energy efficiency. For purposes of this subsection, energy efficiency may be demonstrated through design that achieves the level of energy efficiency determined under any of the following:
        (1) The silver rating under the LEED rating system.
        (2) The Two Globes rating under the Green Building Initiative's Green Globes rating system.


        (3) The Environmental Protection Agency's Energy Star rating system.
        (4) An equivalent rating under a rating system that is accredited by the American National Standards Institute.
    (c) This subsection does not apply to contracts for the reconstruction, repair, alteration, or retrofitting of a building or structure that is listed or eligible for listing on the National Register of Historic Places. A major renovation of a government building, other than a government building owned, occupied, and used by a political subdivision or a school corporation, must be designed, renovated, or reconstructed to achieve maximum energy efficiency to the extent this can be accomplished on a cost effective basis, considering construction and operating costs over the life cycle of the building. The design, renovation, or reconstruction may be based on any of the rating systems referred to in subsection (b).
    Sec. 6. The:
        (1) Indiana department of administration in determining cost effectiveness for purposes of section 5(b) of this chapter; and
        (2) owner of a government building in determining cost effectiveness for purposes of section 5(c) of this chapter;
shall afford value to the historic or aesthetic qualities of the government building and to the availability of local materials.
    Sec. 7. (a) As used in this section, "Indiana hardwood lumber" means hardwood lumber harvested from real property located in Indiana.
    (b) The owner of a government building may consider Indiana hardwood lumber for use as a local source material in any project in which the use of Indiana hardwood lumber is practicable.

SOURCE: ; (10)EH1063.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2010] The general assembly recognizes that the 2006 study:
        (1) conducted by the department of natural resources division of forestry; and
        (2) entitled "The Sustainability of Indiana's Forest Resources";
indicates Indiana timberland acreage and volume has steadily increased since 1967.