H 4263 Session 123 (2019-2020) H 4263 General Bill, By Sandifer A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 13 TO TITLE 10 SO AS TO PROVIDE THAT GOVERNMENTAL IMPROVEMENT PROJECTS, CONSTRUCTION PROJECTS, RENOVATION PROJECTS, OR IMPROVEMENTS TO REAL PROPERTY SHALL COMPLY WITH CERTAIN ENERGY STANDARDS; TO AMEND SECTION 48-52-620, RELATING TO THE REQUIREMENT THAT STATE AGENCIES AND SCHOOL DISTRICTS SUBMIT ENERGY CONSERVATION PLANS, SO AS TO ESTABLISH NEW METERING REQUIREMENTS; AND TO REPEAL ARTICLE
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 13 TO TITLE 10 SO AS TO PROVIDE THAT GOVERNMENTAL IMPROVEMENT PROJECTS, CONSTRUCTION PROJECTS, RENOVATION PROJECTS, OR IMPROVEMENTS TO REAL PROPERTY SHALL COMPLY WITH CERTAIN ENERGY STANDARDS; TO AMEND SECTION 48-52-620, RELATING TO THE REQUIREMENT THAT STATE AGENCIES AND SCHOOL DISTRICTS SUBMIT ENERGY CONSERVATION PLANS, SO AS TO ESTABLISH NEW METERING REQUIREMENTS; AND TO REPEAL Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Title 10 of the 1976 Code is amended by adding:
Section 10-13-10. The public policy of South Carolina is to promote the cost effective design and construction of high-performance buildings and maintain reasonable and consistent standards of constructi
Section 10-13-20. As used in this
(1) 'Building project' means the design, construction, renovation, an
(2) 'Commercial interior fit-out' means an interior design installed by the owner (3) 'Governmental body' means a state agency, department, commission, council, board, bureau, committee, institution, college, university, technical school, governmental corporation, or other establishment of the executive or judicial branch. Governmental body excludes the General Assembly or its respective branches or its committees, the Legislative Audit Council, the Legislative Council, the Legislative Services Agency, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts, or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is being procured exclusively by private funds. (4) 'Green globes rating system' means the energy and environmental building rating system established by the Green Building Initiative. (5) 'High-performance building' means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the building on the environment. (6) 'LEED rating system' means the energy and environmental building rating system established by the United States Green Building Council. (7)(a) 'Major facility project' means a state-funded project-owned or occupied by a governmental body that is a: (i) new construction building project in which the building to be constructed is larger than ten thousand gross square feet; (ii) renovation project of or within a building larger than ten thousand gross square feet, in which the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or (iii) commercial interior tenant fit-out project larger than ten thousand square feet of leasable area. (b) This term does not include a: (i) building, regardless of size, that does not have conditioned space as defined by Standard 90.1 of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE); (ii) public school as defined in Section 59-1-120; (iii) correctional facility constructed for the Department of Corrections, Department of Mental Health, or Department of Juvenile Justice; (iv) building project funded by the State Ports Authority, the Coordinating Council for Economic Development, or the State Infrastructure Bank; or (v) building project funded by the Department of Health and Environmental Control in which the primary purpose of the building project is for the storage of archived documents. (8) 'Office of the State Engineer' means the office established pursuant to Section 11-35-830. (9) 'Project' means, unless the context suggests otherwise, a permanent improvement project, construction project, renovation project, or an improvement to real property. (10) 'Renovation project' means a building project involving the modification or adaptive reuse of an existing facility. (11) 'State engineer' means the person holding the position as head of the Office of State Engineer. (12) 'Third-party commissioning agent' means a person who will analyze, evaluate, and confirm the proper function and performance of a high-performance building, its systems, equipment, and indoor air quality.
Section 10-13-30. A governmental body shall comply with the applicable standards and specifications set forth in the nationally recognized codes and standards adopted by the South Carolina Building Codes Council pursuant to Chapter 9, Title 6, and nationally recognized energy codes and standards adopted by the State Engineer pursuant to this Section 10-13-40. (A) A major facility project must be designed and constructed using high-performance building standards set forth in one or more of the following: (1) the latest edition of the International Green Construction Code compatible with the nationally recognized codes and standards adopted by the South Carolina Building Codes Council; (2) the latest edition of ASHRAE Standard 90.1 and ASHRAE Standard 189.1 compatible with the nationally recognized codes and standards adopted by the Building Codes Council; (3) the Green Globes Rating System; (4) the LEED Rating System; or (5) any other high-performance building standards adopted by the State Engineer by publication in the Manual for Planning and Execution of State Permanent Improvements. (B) A governmental body may choose to seek third-party certification by the Green Building Initiative, the U.S. Green Building Council, or other certifying entity. (C) The Office of the State Engineer shall administer and enforce the provisions in this section with regard to approval of construction plans and specifications for major facility projects. The State Fiscal Accountability Authority may adopt rules and promulgate regulations to comply with the goals set forth in this chapter. Section 10-13-50. When designing and constructing to high-performance building standards, a governmental body shall not apply or allow its designers and contractors to apply standards that discriminate against building materials or furnishings including, but not limited to, wood grown in this State and masonry, plastics, concrete, steel, textiles, and wood that are manufactured or produced within the State. Section 10-13-60. A governmental body requesting third-party certification for a major facility project shall not seek a: (1) rating credit or point for building product disclosure and optimization credit that requires material ingredient reporting; or (2) rating point that would discriminate against wood products of this State derived from forest lands certified by the Sustainable Forestry Initiative or the American Tree Farm System. Section 10-13-70. A major facility project must be inspected by a third-party commissioning agent retained by the governmental body before final payment for the major facility project and in the fifth year following the issuance of a certificate of occupancy. The third-party commissioning agent shall determine whether the building is operating at the high-performance building standards to which it was designed and constructed and report its findings to the governmental body, the State Energy Office, and the Office of the State Engineer. The report must include, but is not limited to, the building's estimated annual savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements." SECTION 2. Section 48-52-620(A) through (D) is amended to read:
"(A)
(B) (C)(1) Each state agency and public school district annually shall submit energy conservation reports in the manner and at the times required by the State Energy Office. (2) An agency or public school district that does not attain the annual reduction goals required by this section shall include in its report a detailed justification that it implemented all available, cost-effective energy conservation methods. (3) An agency or public school district that submits a report indicating it has implemented all available, cost-effective energy-saving measures as contemplated in subsection (A) is exempt from these reporting requirements for a year in which a subsequent report would indicate no status change. The agency must notify the State Energy Office that the agency is exempt under this item.
(D) Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual report to the State (1) activities undertaken implementing its energy conservation plan; and (2) progress made in achieving its energy conservation goals."
SECTION 3. SECTION 4. This act takes effect on July 1, 2019, and applies to plans for projects submitted for review pursuant to Section 10-5-270 on or after that date.
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