House Committee on Education (04/22/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	04/22/2010	ATTENDANCE

Time:	01:43 PM to 03:48 PM	Benefield	X
		Massey	X
Place:	HCR 0112	McNulty	X
		Middleton	*
This Meeting was called to order by		Murray	X
	Representative Merrifield	Peniston	X
		Scanlan	*
This Report was prepared by		Schafer S.	*
	Katey McGettrick	Summers	X
		Tipton	E
		Todd	X
		Solano	*
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1406		Amended, Laid Over

01:43 PM -- House Bill 10-1406

Representative A. Kerr, sponsor of House Bill 10-1406, concerning energy efficient design standards for schools, presented the bill to the committee. He described the inefficiencies of buildings that are constructed with limited or no energy standards and the cost the state ultimately bears for those inefficiencies. He explained that schools may seek assistance through the Governor's Energy Office (GEO).

He stated that many schools in Colorado are currently certified to higher standards than required under the bill. He discussed the savings associated with building to energy efficient design standards, noting that the savings can be realized even in the first year of implementation.

01:50 PM

He continued his remarks on the bill, noting that the legislation arose from concerns of International Baccalaureate (IB) students at Lakewood High School that their newly constructed high school was not built with energy efficiency standards in mind. He stated that this bill ensures that every school built after January 1, 2011 will meet minimum energy efficiency standards. He discussed the difference between the Energy Star requirements in the bill and the Leadership in Energy and Environmental Design (LEED) requirements.

01:52 PM

Representative Benefield asked why the bill is coming to the committee so late during the session. Representative A. Kerr responded that drafting the bill with stakeholder input has taken time. Representative Benefield expressed concern that with the compressed time frame to consider the bill, the quality of policy being developed is being compromised. Representative Summers asked if there is a mechanism for approval other than through the GEO. Representative A. Kerr responded that he is bringing an amendment to make it permissive whether school districts work with GEO.

01:59 PM

Representative Peniston asked if there is a gap between the high performance standard certification program as described in the bill and Energy Star standards. Representative Kerr responded that the bill includes that language for schools that already meet standards higher than the energy standard requirements. Representative Peniston asked if this language could be clarified to ensure that there is no gap in qualification for schools who may meet the bill's standards already. Discussion on this topic ensued.

02:04 PM

Representative Schafer expressed concern about requiring energy efficiency standards for schools during a time when the state is cutting K-12 funding. Representative A. Kerr responded to her comments, noting that, while the bill is not funded, when schools implement these building standards for new construction, there will be savings in the long run. He further noted that there is minimal or no additional cost to build to Energy Star standards.

02:08 PM

Representative Massey commented that many school districts are currently building new construction to energy efficient standards, but noted that, even if the costs are minimal, it could prevent a project from moving forward. He also expressed concerns about the cost to redesign a building to energy efficient standards. Representative Kerr responded that he is open to considering amendments to this language, by outlining a definition of "redesign" in the bill.

02:14 PM

Representative Murray raised the issue of cash flow for schools, and stated that it is easier for schools to spread out the cost of building over several years instead of having higher costs in the first year. Representative Massey stated that there is currently a fund to provide incentives to school districts for improving energy efficiency, and questioned why Representative Kerr is proposing to mandate this. Representative Kerr responded that the fund Representative Massey is referencing is to be used for energy-producing devices such as solar panels and wind turbines.

02:17 PM

The following people testified on the bill:

02:17 PM -- Leslie Smith, representing the Boulder Valley School District (BVSD), testified in support of the bill. She shared her experience as a parent, school board member, and environmental scientist. She shared the energy costs of BVSD and stated the importance of improving energy efficiency so that the savings may be used for instructional purposes. She explained the construction projects that BVSD is undertaking, and the energy efficiency standards that will be incorporated to the projects.

02:23 PM -- Diana Scott, representing the Colorado School Plant Managers Association, testified against the bill but noted the importance of the concepts in the measure. Ms. Scott expressed concern about the implementation of the bill, the unfunded mandate that the bill presents for school districts, and that it may draw funds away from instructional purposes. She also discussed agreement with an amendment to allow collaboration with the GEO to be permissive instead of mandatory. She shared that her association was not included in the development of the bill.

02:27 PM

Representative Solano sought clarification on Ms. Scott's comments, asking if she would support the bill if the bill did not require, but encourage participation in this program. Ms. Scott responded that it would make the bill more manageable.

02:28 PM -- Vincent Badolato, representing the Colorado League of Charter Schools, testified against the bill and expressed concern of the costs that charter schools would have to bear in implementing this legislation.

02:30 PM -- Bruce Caughey, representing the Colorado Association of School Executives, testified against the bill and stated that the mandate will increase costs for schools in the midst of a fiscal crisis. He expressed concern for projects already approved by voters, such as a swimming pools, and how those facilities will meet the energy efficiency standards. He responded to questions from the committee.

02:37 PM -- Julie George, representing the Colorado Association of School Boards (CASB), and Marge Rinaldi, representing CASB and Adams 50 School District, introduced themselves to the committee. Ms. George testified against the bill because the bill mandates design standards. She outlined specific concerns with the bill, noting that the bill includes redesign projects, lacks specificity on the process of ensuring projects meet the standards, and does not provide the flexibility that school districts need in planning construction projects.

02:42 PM -- Ms. Rinaldi testified against the bill because there is no funding for implementing the requirements of the bill. She shared projects that have been completed in her school district that have been built to energy efficient standards. She noted the challenges with one particular construction project for building a high school. Ms. Rinaldi responded to questions from the committee, noting that the elementary school that was built using geothermal technology has seen energy savings of 50 percent.

02:49 PM -- Conor Merrigan, representing the GEO, testified in support of the bill and discussed the advisory role of GEO in developing the legislation. Mr. Merrigan explained the Energy Star standards. He discussed a study that the GEO commissioned to study energy efficiency at schools and to determine the costs for implementing the energy standards required under the bill. He responded to questions from the committee regarding the thresholds for meeting Energy Star standards.

02:56 PM -- Daniel LeBlanc, representing YRG Sustainability, testified in support of the bill and discussed the role of his firm in assisting in the development of green building projects. He discussed the benefits to schools that implement energy efficient schools. He described how energy models can be used as a tool to provide insights on how a building will perform from an energy efficiency perspective.

03:03 PM

Representative Peniston asked Mr. LeBlanc to address concerns about the cost of updating energy standards in building redesign projects. He stated that Energy Star code is only a slightly higher standard than current code.

03:04 PM -- Bill Franzen, representing the United States Green Building Council - Colorado, testified in support of the bill and discussed recent school construction projects that he worked on that incorporated energy standards. He further noted that Colorado is second only to Michigan in the number of Energy Star certified schools. He shared statistics of savings that schools realized after implementing energy efficient standards. He responded to questions from the committee.

03:13 PM -- Sarah Spencer-Workman, representing the United States Green Building Council - School Advisory Committee, testified in support of the bill and stated that the concept of the bill is not unique nor new. She shared her experience working with communities to get grants for building energy efficient construction projects. She noted the benefits to improving the learning environment.

03:16 PM -- Brian Dunbar, representing the Colorado State University Institute for the Built Environment, testified in support of the bill. He shared the institute's work with green school projects in Colorado and discussed examples of schools that were built to energy efficient standards at a cost lower than schools built to the standard code. He responded to questions from the committee.

03:27 PM

Representative Merrifield asked Dr. Dunbar if he had assessed the cost of greening an existing building during a redesign project. Dr. Dunbar responded that Energy Star standards are easy to meet in those projects.


BILL:	HB10-1406
TIME:	03:31:32 PM
MOVED:	Merrifield
MOTION:	Moved Amendment L.006 (Attachment A), as amended (see vote sheets below). The motion passed on a 9-3-1 vote.
SECONDED:	Solano
		VOTE
	Benefield	Yes
	Massey	No
	McNulty	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Not Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1406
TIME:	03:37:31 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1406
TIME:	03:38:22 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.008 (Attachment C). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1406
TIME:	03:38:48 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.009 (Attachment D). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

03:41 PM

Representative A. Kerr concluded his remarks on his bill by sharing information from Adams 12 Five Star School district's website about energy efficient schools in their district and the cost savings that the school district has realized. He asked that the bill be laid over so that he could continue to address concerns raised by the committee and witnesses.

03:48 PM

Representative Merrifield announced that House Bill 10-1406 would be laid over for further consideration until Monday, April 26. With that, the committee adjourned.