82R1511 JXC-D By: Anchia H.B. No. 775 A BILL TO BE ENTITLED AN ACT relating to the adoption of energy efficiency, conservation, and indoor air quality standards for the design, construction, and renovation of public school instructional facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 46, Education Code, is amended by adding Subchapter D to read as follows: SUBCHAPTER D. STANDARDS FOR INSTRUCTIONAL FACILITIES Sec. 46.101. DEFINITION. In this subchapter, "instructional facility" has the meaning assigned by Section 46.001. Sec. 46.102. ENERGY EFFICIENCY AND CONSERVATION STANDARDS FOR INSTRUCTIONAL FACILITIES. (a) In this section, "energy office" means the State Energy Conservation Office. (b) The energy office shall adopt energy efficiency and conservation standards for the design, construction, and major renovation of instructional facilities to enable school districts to achieve long-term savings in energy and water costs through innovative building techniques. (c) A building to which this section applies must be designed and constructed or renovated so that the building achieves certification under a high-performance building standard that: (1) is developed and revised through a consensus-based process; (2) provides minimum requirements for energy use, natural resources use, and indoor air quality; (3) requires substantiating documentation for certification; (4) employs third-party, post-construction review and verification for certification; and (5) is determined by the energy office to be nationally recognized in the building industry, such as: (A) the Texas Collaborative for High Performance Schools (TX-CHPS) Criteria; (B) the Green Building Initiative's Green Globes program; or (C) the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. (d) A school district that constructs a new instructional facility or conducts a major renovation of an existing instructional facility shall ensure that the instructional facility meets the standards adopted by the energy office under this section. (e) The energy office may update the standards adopted under this section not more frequently than once every three years. A standard adopted under this section does not become effective until the first anniversary of the date on which the standard was adopted. (f) The energy office shall adopt rules necessary to administer this section. The energy office shall require all rules to be reviewed and published for comment by an advisory panel before adoption. The advisory panel, to be appointed by the commissioner, shall include: (1) two district superintendents or their designees; (2) one public school architect; (3) one public school engineer; and (4) one public school trustee. SECTION 2. Not later than July 1, 2012, the State Energy Conservation Office shall adopt rules establishing energy efficiency, conservation, and indoor air quality standards for the design, construction, and renovation of public school instructional facilities as required by Section 46.102, Education Code, as added by this Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.