Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0443.01 Esther van Mourik x4215HOUSE BILL 12-1166 HOUSE SPONSORSHIP Jones, SENATE SPONSORSHIP Bacon, House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning tracking the utility data of a state-assisted facility that has attained high performance as part of its capital construction project. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires each state agency or department to use commercial utility tracking software to monitor, track, and verify utility vendor bill data pertaining to its state-assisted facilities and annually report to the office of the state architect any necessary information, as determined by the state architect, that the state agency or department uses to ensure that the increased initial costs of the high performance standard certification are recouped. The annual report must also include information related to building performance based on the state-assisted facility's utility consumption. The bill also removes existing law that allows a state-assisted facility to be exempted from complying with the high performance standard requirements for extenuating circumstances that might exist. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Part of addressing the budget challenges facing our state government includes employing measures to steward public resources in order to save money, water, and energy, and to ensure that those savings are attained; (b) The daily activities of state government have a significant impact on the quality of the state's budget, public health, environment, and use of its natural resources. To achieve greening government goals and to measure progress toward those goals, further reductions in state agency consumption of water and energy are necessary, and to be effective, systematic collection of reduction data must be implemented. (c) The evaluation, upgrading, and optimized operation of state-assisted facilities will expand opportunities for skilled jobs in construction trades, engineering, operations, sales, and innovative technologies; (d) Investing in energy efficiency contributes to stable, long-term economic growth, encourages job creation, and enhances stewardship of natural resources; (e) While previous legislation has required a state agency or department to perform any substantial renovation, design, or new construction of a state-assisted facility to achieve the highest performance standard certification attainable, the state agencies and departments are not statutorily required to track the data needed to measure whether the certification is indeed attained; and (f) In order to manage our state-assisted facilities to attain the highest performance standard possible, it is important to measure the resource usage of such facilities carefully and to evaluate whether the facilities are performing at an optimum level. SECTION 2. In Colorado Revised Statutes, 24-30-1305, amend (9) (b); and repeal (9) (c) (IV) as follows: 24-30-1305. Life-cycle cost - application - high performance standards - report. (9) (b) (I) A state agency or department controlling the substantial renovation, design, or new construction of a state-assisted facility shall, pursuant to the program adopted in paragraph (a) of this subsection (9), perform the substantial renovation, design, or new construction to achieve the highest performance certification attainable as certified by an independent third party pursuant to the high performance standard certification program. For purposes of this paragraph (b), a certification is attainable if the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, can be recouped from decreased operational costs within fifteen years. (II) Each state agency or department shall use commercial utility tracking software to monitor, track, and verify utility vendor bill data pertaining to its state-assisted facilities and shall annually report to the office of the state architect, or an analogous successor office in the department, any necessary information, as determined by the state architect, that the state agency or department uses to ensure that the increased initial costs are in fact recouped. The annual report shall also include information related to building performance based on the state-assisted facility's utility consumption. (c) (IV) A state-assisted facility may be exempted from complying with this section upon a determination by the executive director that extenuating circumstances exist such as to preclude the implementation of this subsection (9). SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.