Senate Bill 2176

AN ACT TO REQUIRE ALL MAJOR FACILITY PROJECTS OF PUBLIC SCHOOL DISTRICTS RECEIVING 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 PROVIDE THAT A PUBLIC SCHOOL DISTRICT MAY DETERMINE THAT THE LEED SILVER STANDARD IS NOT PRACTICABLE FOR A PROJECT; TO PROVIDE THAT, IF LEED STANDARDS ARE NOT FOLLOWED FOR THE PROJECT, THE PUBLIC SCHOOL DISTRICT SHALL REPORT THESE REASONS TO THE DEPARTMENT OF EDUCATION; TO AUTHORIZE THE 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. 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.

SECTION 2. The following definitions apply throughout this act, unless the context clearly requires 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: (i) a construction project larger than five thousand (5,000) gross square feet of occupied or conditioned space; or (ii) a building renovation project when the cost is greater than fifty percent (50%) of the assessed value of the building.

(e) "Major facility project" does not include: (i) projects for which the public school district and the design team determine the LEED silver standard; or (ii) transmitter buildings, pumping stations, research facilities primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods, or other similar building types as determined by the department.

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

. SECTION 3. (1) All major facility projects of public school districts receiving any funding in a state or local capital budget must be designed, constructed and certified to at least the LEED silver standard. This subsection applies to such major facility projects that have not entered the design phase before July 1, 2011, and to the extent appropriate LEED silver standards exist for that type of building or facility. A public school district may determine that the LEED silver standard is not practicable for a project. When the LEED silver standard is determined to be not practicable for a project, then it must be determined if any LEED standard is practicable for the project. If LEED standards are not followed for the project, the public school district shall report these reasons to the department.

(2) (a) Public school districts, shall monitor and document ongoing operating savings resulting from major facility projects designed, constructed and certified as required under this section.

(b) Public school districts, shall report annually to the department on major facility projects and operating savings.

(3) The department shall consolidate the reports required in subsection (2) of this section into one (1) report and report to the Legislature by September 1 of each even-numbered year beginning in 2012 and ending in 2022. In its report, the department shall also report on the implementation of this act, including reasons why the LEED standard was not used. The department shall make recommendations regarding the ongoing implementation of this act, including a discussion of incentives and disincentives related to implementing this act.

SECTION 4. (1) (a) The department, in consultation with affected public school districts, shall develop and issue guidelines for administering this act for public school districts. The purpose of the guidelines is to define a procedure and method for employing and verifying activities necessary for certification to at least the LEED silver 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 includes input from the project design and construction teams and the project ownership representatives.

(c) As provided in the request for proposals for construction services, the public school districts shall hold a preproposal conference for prospective bidders to discuss compliance with and achievement of standards identified in this act for prospective respondents.

(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, personnel from the affected public school districts responsible for overseeing public works projects, the office of the Superintendent of Education, and others at the department's discretion to provide advice on implementing this act. Among other duties, 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 is authorized to adopt rules and regulations to implement the provisions of this act.

SECTION 5. A member of the design or construction teams may not be held liable for the failure of a major facility 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. It is the intent and an established goal of the LEED program as authored by the United States Green Building Council to increase demand for building materials and products that are extracted and manufactured locally, thereby reducing the environmental impacts and to support the local economy. Therefore, it is 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 to provide economic development to Mississippi and to meet the objectives of this act.

SECTION 7. This act shall take effect and be in force from and after July 1, 2011.