08 LC 35
0979S
The House Committee on State Institutions and Property offers the following
substitute to SB 130:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating
to agricultural marketing facilities, organizations, and programs, so as to
repeal Article 1, relating to the Georgia Building Authority (Markets); to amend
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the
regulation and construction of hospitals and other health care facilities, so as
to repeal Article 2, relating to the Georgia Building Authority (Hospital); to
amend Title 42 of the Official Code of Georgia Annotated, relating to penal
institutions, so as to repeal Chapter 3, relating to the Georgia Building
Authority (Penal); to amend Article 1 of Chapter 8 of Title 50 of the Official
Code of Georgia Annotated, relating to general provisions relative to the
Department of Community Affairs, so as to provide for energy efficient
construction of a major state-funded facility project; to provide for duties and
responsibilities for the enforcement of certain energy efficient provisions; to
provide a short title; to provide legislative findings; to provide a definition;
to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia
Annotated, relating to general provisions for the Georgia Building Authority, to
subrogate the Georgia Building Authority for certain repealed agencies by
transferring the rights, privileges, functions, assets, obligations, employees,
and immunities of the Georgia Building Authority (Markets), the Georgia Building
Authority (Hospital), the Georgia Building Authority (Penal), and the Agency for
Removal of Hazardous Materials to the Georgia Building Authority; to amend
Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the
Georgia Building Authority, so as to repeal Article 4, relating to the Hazardous
Materials Removal Agency; to reserve certain chapters and articles; to provide
for related matters; to provide for effective dates and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 2 of the Official Code of Georgia Annotated, relating to
agricultural marketing facilities, organizations, and programs, is amended by
repealing Article 1, relating to the Georgia Building Authority (Markets), and
designating said article as reserved.
SECTION
2.
Chapter
7 of Title 31 of the Official Code of Georgia Annotated, relating to the
regulation and construction of hospitals and other health care facilities, is
amended by repealing Article 2, relating to the Georgia Building Authority
(Hospital), and designating said article as reserved.
SECTION
3.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by repealing Chapter 3, relating to the Georgia Building Authority
(Penal), and designating said chapter as reserved.
SECTION
4.
Article
1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions relative to the Department of Community Affairs, is
amended by adding a new Code section to read as follows:
"50-8-18.
(a)
This Code section shall be known and may be cited as the 'Energy Efficiency and
Sustainable Construction Act of 2008.'
(b)
The General Assembly finds that the welfare of this state is enhanced by the
promotion of effective energy and environmental standards for construction,
rehabilitation, and maintenance of state-funded facilities and that such
standards in turn improve this state´s capacity to design, build, and
operate high-performance buildings, contributing to economic growth, promoting
job development, and increasing energy conservation.
(c)
For purposes of this Code section, 'major facility project' means a
state-funded:
(1)
New construction building project of a building exceeding 10,000 square
feet;
(2)
A renovation project that is more than 50 percent of the replacement value, as
determined by the Department of Administrative Services Risk Management
Division, of the facility, a change in occupancy, or any roof replacement
project exceeding 10,000 square feet; or
(3)
A commercial interior tenant fit-out project exceeding 10,000 square feet of
leasable area where the state is intended to be the lessor of such
property.
A
major facility project shall not include a building, regardless of size, that
does not have conditioned space as defined by the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE) and shall not include a
state owned building that is on the historical registry or any local, county, or
municipal building.
(d)
Consistent with the intent of this Code section, the department, in consultation
with the Georgia State Finance and Investment Commission, shall adopt policies
and procedures as recommended standards for all buildings owned or managed by
this state that:
(1)
Optimize the energy performance;
(2)
Increase the demand for construction materials and furnishings produced in
Georgia;
(3)
Improve the environmental quality in this state by decreasing the discharge of
pollutants from such state buildings;
(4)
Conserve energy and utilize local and renewable energy sources;
(5)
Protect and restore this state´s natural resources by avoiding the
development of inappropriate building sites;
(6)
Reduce the burden on municipal water supply and treatment by reducing potable
water consumption;
(7)
Establish life cycle assessments as the appropriate and most efficient analysis
to determine a building project´s environmental performance level;
and
(8)
Encourage obtaining Energy Star designation from the United States Environmental
Protection Agency to further demonstrate a building project´s energy
independence.
(e)
All major facility projects may be designed, constructed, and commissioned or
modeled to exceed the standards set forth in ASHRAE 90.1.2004 by 30 percent
where it is determined by the department that such 30 percent efficiency is cost
effective based on a life cycle cost analysis with a payback at no more than ten
years. Commissioning or modeling must be performed by a professional engineer,
design professional, or commissioning agent using software methodology approved
by the Internal Revenue Service, the Department of Energy, current ASHRAE
standards, or other similar methodology. For all major renovation projects,
such requirements shall apply to the specific building assemblies, envelope
components, and equipment involved in the project.
(f)
All major facility projects shall be designed, constructed, and commissioned or
modeled to achieve a 15 percent reduction in water use when compared to water
use based on plumbing fixture selection in accordance with the Energy Policy Act
of 1992.
(g)
To achieve sustainable building standards, construction projects may utilize a
nationally recognized high performance energy modeling and environmental
building rating system; provided, however, that any such rating system that uses
a material or product based credit system that operates to the detriment of
materials or products manufactured or produced in Georgia shall not be utilized.
The department shall designate rating systems that meet these criteria and is
authorized to establish its own alternative rating system. All major facility
projects shall include Georgia products such that not less than 10 percent of
all building materials used in a project are harvested, extracted, or
manufactured in the State of Georgia where such products are commercially
available in a manner consistent with the purposes of this Code
section.
(h)
A professional engineer, design professional, or commissioning agent shall
certify that the building project´s systems for heating, ventilating, air
conditioning, energy conservation, and water conservation are installed and
working properly to ensure that each building project performs according to the
building´s overall environmental design intent and operational
objectives."
SECTION
5.
Article
1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions for the Georgia Building Authority, is amended by adding a
new Code section to read as follows:
"50-9-17.
(a)
As used in this Code section, the term:
(1)
'Authority' means the Georgia Building Authority as set forth in Code Section
50-9-2.
(2)
'Transferred authorities' means the Georgia Building Authority (Markets) set
forth in Article 1 of Chapter 10 of Title 2, the Georgia Building Authority
(Hospital) set forth in Article 2 of Chapter 7 of Title 31, the Georgia Building
Authority (Penal) set forth in Chapter 3 of Title 42, and the Agency for Removal
of Hazardous Materials set forth in Article 4 of Chapter 9 of Title 50, as each
entity existed as of June 30, 2008.
(b)
Beginning July 1, 2008, all functions, duties, responsibilities, and obligations
of the transferred authorities shall belong to the authority. The authority
shall also succeed to the rights, claims, remedies, securities, and any other
debt or obligation owing to the transferred authorities.
(c)
The authority shall be substituted for the transferred authorities on any bonds,
claims, causes of action, contracts, leases, agreements, or other indebtedness
or obligations of the transferred authorities. Contracts held by the
transferred authorities shall be considered contracts of the authority, and any
rights of renewal, prerogatives, benefits, and rights of enforcement under such
contracts shall also be transferred to the authority.
(d)
Appropriations for functions transferred from the transferred authorities to the
authority may be transferred as provided in Code Section 45-12-90, relating to
disposition of appropriations for duties, purposes, and objects which have been
transferred. Personnel, equipment, and facilities previously employed for such
transferred functions shall likewise be transferred to the authority. Upon the
effective date of the transfer, all personnel positions authorized for the
transferred authorities shall be transferred to the authority and all employees
whose positions are transferred to the authority shall become employees of the
authority in the unclassified service as provided in Code Section
45-20-6.
(e)
All assets, moneys, properties both tangible and intangible, and other valuable
instruments and consideration belonging to the transferred authorities on the
date of transfer shall become the property and assets of the
authority.
(f)
Rules and regulations previously adopted by the transferred authorities shall
remain in full force and effect as rules and regulations of the authority until
amended, repealed, or superseded by action of the authority."
SECTION
6.
Chapter
9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia
Building Authority, is amended by repealing Article 4, relating to the Hazardous
Materials Removal Agency, and designating said article as reserved.
SECTION
7.
This
Act shall become effective on July 1, 2008; provided, however, that the
provisions in Section 4 of this Act shall become effective on July 1, 2010, and
shall apply to design agreements for major facilities projects entered into on
or after such date.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.