ࡱ>  q`  bjbjqPqP = ::p pbbb8|\Jt~:L$GGGGGGG$ MhtOGy   G4RJ*** G* G**/?r |~}b>?A$hJ0J?tP>tP(??tPA*   GG    J    bbRJ  Appendix A States With LEED and/or Sustainable Design Laws (Dec. 2007) [NOTE: click on State name to link to the applicable law] Red Letter Edition for each use of LEED 1. HYPERLINK \l "Arizona"Arizona. Ariz. Rev. Stat. 34-341 et seq. Encourages energy conservations standards for new capital projects and directs the department of administration to develop and implement a program to enter into performance contracts solely for the purpose of achieving energy savings. Web-link:  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/34/00451.htm&Title=34&DocType=ARS" Ariz. Rev. Stat. 34-341 et seq. Ariz. Rev. Stat. 41-1510. Establishes a solar energy advisory council to assist, advise and encourage on matters relating to the development and use of solar energy and other renewable resources. Web-link: HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/41/01510.htm&Title=41&DocType=ARS"Ariz. Rev. Stat. 41-1510 Ariz. Rev. Stat. 41,1510.01. Establishes procedures for identifying commercial solar energy projects that qualify for the purposes of the commercial solar energy income tax credits under sections 43-1085 and 43-1164. Web-link:  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/41/01510-01.htm&Title=41&DocType=ARS" Ariz. Rev. Stat. 41-1510.01 Ariz. Rev. Stat. 43-1031. Allows for the subtraction by the seller/taxpayer of 5% of the sales price of residences that exceed the 1995 model energy code by 50%. Web-link:  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/43/01031.htm&Title=43&DocType=ARS" Ariz. Rev. Stat. 43-1031 Ariz. Rev. Stat. 43-1083. Provides a credit against taxes for the installation of a solar energy device on the taxpayer's residence. Web-link:  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/43/01083.htm&Title=43&DocType=ARS" Ariz. Rev. Stat. 43-1083 Ariz. Rev. Stat. 43-1085. Provides a credit against taxes for the installation of a solar energy device in a commercial or industrial application. Web-link:  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/43/01085.htm&Title=43&DocType=ARS" Ariz. Rev. Stat. 43-1085 Ariz. Rev. Stat. 43-1090. Provides a credit against taxes for costs incurred in the installation of solar hot water heating stub outs and electric vehicle recharge outlets in the construction of residences. Web-link: Ariz.  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/43/01090.htm&Title=43&DocType=ARS" Rev. Stat. 43-1090 Ariz. Rev. Stat. 43-1164. Provides a credit against taxes for the installation of a solar energy device in a commercial or industrial application. Web-link:  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/43/01164.htm&Title=43&DocType=ARS" Ariz. Rev. Stat. 43-1164 Ariz. Rev. Stat. 43-1176. Provides a credit against taxes for costs incurred in the installation of solar hot water heating stub outs and electric vehicle recharge outlets in the construction of residences. Web-link:  HYPERLINK "http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/43/01176.htm&Title=43&DocType=ARS" Ariz. Rev. Stat. 43-1176 Executive Order 2005-05. Governor Janet Napolitano signed Executive Order 2005-05 requiring all state funded buildings to achieve LEED Silver Certification. The Executive Order also requires newly constructed state funded buildings to incorporate renewable energy. Web-link:  HYPERLINK "http://www.governor.state.az.us/eo/2005_05.pdf" Executive Order 2005-05 2. HYPERLINK \l "Arkansas"Arkansas. Ark. Code Ann. 22-3-1801, et. seq. Entitled, Arkansas Energy and Natural Resource Conservation Act, under this Statute State agencies conducting or funding a public building project are encouraged to utilize LEED or Green Globes rating systems. The Statute also establishes a Legislative Task Force on Sustainable Building Design and Practices. Web-link:  HYPERLINK "http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code" Ark. Code Ann. 22-3-1801, et. seq. 3.  HYPERLINK \l "California" California. Cal. Educ. Code 81620-24. Entitled the, "Statewide Energy Management Program," the California Board of Governors shall support the goal of moving California Community Colleges toward energy independence. Web-link:  HYPERLINK "http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=81001-82000&file=81620-81624" Cal. Educ. Code 81620-24. Executive Order S-20-04. On December 14, 2004, Governor Schwarzenegger singed Executive Order S-20-04 requiring the design, construction and operation of all new and renovated state-owned facilities to be LEED Silver. Web-link:  HYPERLINK "http://gov.ca.gov/executive-order/3360/" Executive Order S-20-04. 4.  HYPERLINK \l "Colorado" Colorado. Colo. Rev. Stat. 24-30-1301, 24-30-1304, 24-30-1305. Directs state agencies to insure life-cycle cost analyses and energy conservation practices are considered in the design and construction of state facilities. Web-link:  HYPERLINK "http://www.state.co.us/gov_dir/leg_dir/olls/colorado_revised_statutes.htm" Colo. Rev. Stat. 24-30-1301, 24-30-1304, 24-30-1305 Executive Order D005 05. Governor Owens signed Executive Order # D005 05 adopting LEED for Existing Buildings and incorporating LEED for New Construction practices for all state buildings. The order also creates a Colorado Greening Government Coordinating Council to develop and implement conservation policies. Web-link:  HYPERLINK "http://www.colorado.gov/dpa/doit/archives/govowens/eos/eo-05/d00505.pdf" Executive Order D 005 05 5.  HYPERLINK \l "Connecticut" Connecticut. Conn. Gen. Stat. 16a-38k. Under this Statute any new construction of a State facility over five million dollars shall exceed the LEED silver building rating system for new commercial construction and major renovation projects or equivalent standard. Web-link:  HYPERLINK "http://www.cga.ct.gov/2007/pub/Chap298.htm" \l "Sec16a-38k.htm" Conn. Gen. Stat. 16a-38k. 6.  HYPERLINK \l "Delaware" Delaware. Del. Code Ann. tit. 29 8057. Provides for the State Energy Office to administer moneys in the Green Energy Fund through a program of environmental incentive grants and loans for the development, promotion and support of energy efficiency programs and renewable or alternative energy technology in the State. Web-link:  HYPERLINK "http://delcode.delaware.gov/title29/c080/sc02/index.shtml" \l "P157_12180" Del. Code Ann. tit. 29 8057 7.  HYPERLINK \l "District" District of Columbia. D.C. Code Ann. 6-1451.01 et. seq. Beginning in 2008 all city-owned or funded projects, including public housing, over 10,000 square feet must meet LEED Silver Level and/or must be designed to achieve certain energy efficiency targets. Beginning in 2009 new private commercial projects of 50,000 square feet must submit a "green building checklist" as part of a building permit application. Finally, beginning in 2012 applications for permits of new commercial construction or substantial improvements over 50,000 square feet must exceed or fulfill certain LEED standards and post a performance bond. Web-link:  HYPERLINK "http://www.michie.com/dc/lpext.dll?f=templates&fn=main-h.htm&cp=dccode" D.C. Code Ann. 6-1451.01 et. seq.  D.C. Code Ann. 10-1015. Beginning October 1, 2008, priority consideration for the District government's facility needs shall be given to buildings meeting or exceeding Silver LEED-NC or CS standards. Web-link:  HYPERLINK "http://www.michie.com/dc/lpext.dll?f=templates&fn=main-h.htm&cp=dccode" D.C. Code Ann. 10-1015  D.C. Code Ann. 10-1601.05. The National's new baseball stadium shall be designed and constructed in a manner to promote the minimization of waste production taking into account applicable criteria of LEED-NC. Web-link:  HYPERLINK "http://www.michie.com/dc/lpext.dll?f=templates&fn=main-h.htm&cp=dccode" D.C. Code Ann. 10-1601.05  8. HYPERLINK \l "Florida"Florida. Executive Order 07-126. Governor Crist issued Executive Order #07-126 adopting LEED-NC for any new building constructed for or by the State. New construction projects must strive for Platinum certification, the highest level possible. The Executive Order also required the Department of Management Services to implement LEED-EB across all buildings currently owned and operated by the department on behalf of client agencies. In addition, agencies and departments were instructed to only enter into new leasing agreements for office space that meets Energy Star building standards, unless no other viable alternative exists. Web-link:  HYPERLINK "http://www.flgov.com/pdfs/orders/07-126-actions.pdf" Executive Order 07-126 Executive Order 07-127. Governor Crist issued Executive Order 07-127 directing the adoption of maximum emission levels of greenhouse gases for electric utilities. The standard will require a reduction of emissions to 2000 levels by 2017, to 1990 levels by 2025, and by 80 percent of 1990 levels by 2050. Florida will also adopt the California motor vehicle emission standards, pending approval of the U.S. Environmental Protection Agency waiver. The standard is a 22-percent reduction in vehicle emissions by 2012 and a 30-percent reduction by 2016. Additionally, Florida will require energy-efficient consumer appliances to increase efficiency by 15 percent of current standards. Finally, Governor Crist requested that the Public Service Commission adopt a 20 percent Renewable Portfolio Standard by 2020, with a strong focus on solar and wind energy. Web-link:  HYPERLINK "http://www.flgov.com/pdfs/orders/07-127-emissions.pdf" Executive Order 07-127 Executive Order 07-128. Governor Crist signed Executive Order 07-128 which will allow for the appointment of diverse stakeholders to a Governors Action Team on Energy and Climate Change. Team members will create a Florida Climate Change Action Plan that will include strategies beyond todays Executive Orders to reduce emissions, including recommendations for proposed legislation for consideration during the 2008 Legislative Session and beyond. Web-link:  HYPERLINK "http://www.flgov.com/pdfs/orders/07-128-actionteam.pdf" Executive Order 07-128 9.  HYPERLINK \l "Hawaii" Hawaii. Haw. Rev. Stat. 46-19.6. Under this Statute any county agency that issues a building related permit shall establish a priority processing procedure for permit applications of private entities for a construction project that incorporate energy and environmental design building standards (LEED Silver) into its project design. Web-link:  HYPERLINK "http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-0019_0006.HTM" Haw. Rev. Stat. 46-19.6 Haw. Rev. Stat. 196-1 et seq. Directs state agencies to: design and construct buildings meeting LEED Silver standard; incorporate energy-efficiency measures to prevent heat gain in residential facilities; install solar water heating systems; and other energy efficiency and environmental standards for state facilities, motor vehicles and transportation fuel. Web-link:  HYPERLINK "http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0196/" Haw. Rev. Stat. 196-1 et seq. 10.  HYPERLINK \l "Illinois" Illinois. Ill. Comp. Stat. 20 ILCS 3105/10.04. Under 20 ILCS 3105/10/04 a series of training workshops shall be created to increase awareness and understanding of green building techniques and green building rating systems. Additionally, no less than 3 construction projects shall be identified to serve as case studies for achieving certification using nationally recognized and accepted green building guidelines with findings reported to the Generally Assembly no later than December 31, 2008. Web-link:  HYPERLINK "http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=002031050K10.04" Ill. Comp. Stat. 20 ILCS 3105/10.04. Ill. Comp. Stat. 20 ILCS 605/605-981. Under 20 ILCS 605 green cities grant programs are established for municipalities and private developments which meet certain LEED certification standards. Web-link: HYPERLINK "http://www.ilga.gov/legislation/ilcs/documents/002006050K605-981.htm"Ill. Comp. Stat. 20 ILCS 605/605-981 Ill. Comp. Stat. 30 ILCS 737/1 et seq. Entitled the "Green Neighborhood Grant Act" this provides for the establishment of grants to private developments who achieve certification under LEED-ND standard. Web-link:  HYPERLINK "http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2920&ChapAct=30 ILCS 737/&ChapterID=7&ChapterName=FINANCE&ActName=Green+Neighborhood+Grant+Act." Ill. Comp. Stat. 30 ILCS 737/1 et seq. Ill. Comp. Stat. 105 ILCS 230/5-40. With respect to school construction projects for which a school district applies for a grant after July 1, 2007, the project must receive LEED certification or an equivalent standard. Web-link: HYPERLINK "http://www.ilga.gov/legislation/ilcs/documents/010502300K5-40.htm"Ill. Comp. Stat. 105 ILCS 230/5-40 11.  HYPERLINK \l "Kentucky" Kentucky. Ky. Rev. Stat. Ann. 56.770 - .784 et seq. Instructs the Finance and Administration Cabinet to administer an energy efficiency program known as the Energy Efficiency Program for State Government Buildings. The Program provides for the implementation of low cost/no cost energy conservation measures, energy efficiency measures, building improvements and monitoring of results for state-owned buildings. Web-link: HYPERLINK "http://www.lrc.ky.gov/KRS/056-00/CHAPTER.HTM"Ky. Rev. Stat. Ann. 56.770 - .784 et seq. 12.  HYPERLINK \l "Louisiana" Louisiana. La. Rev. Stat. Ann. 40:1730.49. Under this Statute state funded new construction building projects and renovation projects meeting specific criteria as defined by Statute must be designed, constructed and certified to exceed the requirements of the Louisiana state energy code by at least 30 percent. Web-link:  HYPERLINK "http://www.legis.state.la.us/lss/lss.asp?doc=452804"  La. Rev. Stat. Ann. 40:1730.49 13.  HYPERLINK \l "Maine" Maine. Me. Re. Stat. Ann. tit 5, 1764. Under the "Energy Conservation in Buildings Act" the Bureau of General Services shall adopt rules and guidelines for conducting an energy-related life-cycle costs analysis of alternative architectural or engineering designs and shall evaluate the efficiency of energy utilization for designs in the construction and lease of public improvements and public school facilities. Web-link:  HYPERLINK "http://janus.state.me.us/legis/statutes/5/title5sec1764.html" Me. Re. Stat. Ann. tit 5, 1764 Me. Re. Stat. Ann. tit 20-A, 15908-A. The state board shall require, as a condition for state funding for construction, that all planning and design for new or substantially renovated school buildings take into consideration life-cycle cost analysis and include an energy-use target tat exceeds at least 20% energy efficiency. Web-link:  HYPERLINK "http://janus.state.me.us/legis/statutes/20-A/title20-Asec15908-A.html" Me. Re. Stat. Ann. tit 20-A, 15908-A Executive Order 07-128. Governor John Baldacci issued Executive Order 07-128 in November 2003 directing all new or expanding state buildings to incorporate LEED guidelines provided that standards can be met on a cost-effective basis. Web-link:  HYPERLINK "http://www.maine.gov/tools/whatsnew/index.php?topic=Gov_Executive_Orders&id=21346&v=Article" Executive Order 07-128 14.  HYPERLINK \l "Maryland" Maryland. Md. Code Ann. State Fin. & Proc. 3-602. Requires units of the State government requesting an appropriation for the preliminary planning of a proposed capital project to include in its submission a justification for proposing that the building is appropriate for design as a high performance building. Web-link:  HYPERLINK "http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=" Md. Code Ann. State Fin. & Proc. 3-602 Md. Code Ann. State Fin. & Proc. 4-809. Establishes the Maryland Green Building Council and the Task Force on Green Building to evaluate and make recommendations regarding methods of facilitating public demand for environmentally sensitive communities and improving low-impact sustainable developments. Web-link:  HYPERLINK "http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=" Md. Code Ann. State Fin. & Proc. 4-809 Md. Code Ann. Tax-Gen. 10-722. Allows for individuals and corporations to claim state tax credits for green buildings, green building components and high-performance buildings as defined by Statute. Web-link:  HYPERLINK "http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=" Md. Code Ann. Tax-Gen. 10-722 Md. Code Ann. Tax-Prop. 9-242. Awards a tax credit against the county or municipal corporation property tax imposed on a high-performance building. Web-link:  HYPERLINK "http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=" Md. Code Ann. Tax-Prop. 9-242 15. HYPERLINK \l "Massachusetts"Massachusetts. Executive Order 484. In 2007 Governor Patrick issued Executive Order 484 entitled Leading by Example - Clean Energy and Efficient Buildings. The Order instructed all agencies involved in the construction and major renovation projects of over 20,000 square feet to meet LEED certification as well as energy performance 20% better than the Massachusetts Energy Code. Web-link: HYPERLINK "http://www.mass.gov/Agov3/docs/Executive%20Orders/Leading%20by%20Example%20EO.pdf"Executive Order 484  16.  HYPERLINK \l "Michigan" Michigan. Mich. Comp. Laws 207.821 et seq. Establishes the Michigan next energy authority to promote alternative energy technology and economic growth in the state. Web-link:  HYPERLINK "http://www.legislature.mi.gov/(S(db3crp45hmnwi255r4aq0045))/mileg.aspx?page=getObject&objectName=mcl-Act-593-of-2002" Mich. Comp. Laws 207.821 et seq. Executive Directive 2007-22. On November 14, 2007 Governor Granholm signed Executive Directive 2007-22 requiring that life-cycle cost and energy efficiency be included in the consideration of the purchase of goods or services for the state and requiring that all state-funded new construction and major renovation projects over $1,000,000 be built in accordance with LEED guidelines. Web-link:  HYPERLINK "http://www.michigan.gov/gov/0,1607,7-168-36898-180298--,00.html" Executive Directive 2007-22 17.  HYPERLINK \l "Minnesota" Minnesota. Minn. Stat. Ann. 16B.325. The Department of Administration and the Department of Commerce shall develop sustainable building design guidelines for all new state buildings by January 15, 2003 to ensure that all new state buildings initially exceed existing energy code by at least 30 percent. Web-link:  HYPERLINK "http://ros.leg.mn/bin/getpub.php?pubtype=STAT_CHAP&year=2007§ion=16B" \l "stat.16B.325.0" Minn. Stat. Ann. 16B.325 Minn. Stat. Ann. 473.759. If the Minnesota ballpark authority obtains grants sufficient to cover the increased costs, the authority must ensure that the design of the new Minnesota Twins stadium receives LEED certification and shall, to the extent possible, follow sustainable building guidelines. Web-link: HYPERLINK "http://ros.leg.mn/bin/getpub.php?pubtype=STAT_CHAP&year=2007§ion=473" \l "stat.473.759.0"Minn. Stat. Ann. 47.759 18.  HYPERLINK \l "Nevada" Nevada. Nev. Rev. Stat. 278.02521. Encourages local and regional governmental entities to construct public facilities in accordance with the LEED Green Building System or its equivalent. Web-link:  HYPERLINK "http://www.leg.state.nv.us/NRS/NRS-278.html" \l "NRS278Sec02521" Nev. Rev. Stat. 278.02521 Nev. Rev. Stat. 396.514. Instruction within the Nevada System of Higher Education must be given in the essentials of green building construction and design to assist students in preparing for the LEED Professional Accreditation Exam or its equivalent. Web-link:  HYPERLINK "http://www.leg.state.nv.us/NRS/NRS-396.html" \l "NRS396Sec514" Nev. Rev. Stat. 396.514 19.  HYPERLINK \l "NewJersey" New Jersey. N.J. Stat. Ann. 52:27D-130.6. The Commissioner of Community Affairs is authorized to prepare and make available to the public, a green building manual for the purpose of ensuring that standards are available for those owners and builders who participate in any program that encourages or requires the construction of green buildings. Web-link: HYPERLINK "http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=150312&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record=%7b15812%7d&softpage=Doc_Frame_PG42"N.J. Stat. Ann. 52:27D-130.6 Executive Order 24-2002. Governor McGreevey signed Executive Order No. 24 in July 2002 requiring all new school designs to incorporate LEED guidelines. The New Jersey Economic Schools Construction Corporation is encouraging the use of LEED but not requiring certification of new projects built under its $12 billion public school construction program. Web-link:  HYPERLINK "http://www.state.nj.us/infobank/circular/eom24.htm" Executive Order 24-2002 20.  HYPERLINK \l "NewMexico" New Mexico. N.M. Stat. Ann. 7-2-18.19. Provides a "sustainable building tax credit" for the construction of a sustainable building or the renovation of an exiting building into a sustainable building. Web-link:  HYPERLINK "http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0" N.M. Stat. Ann. 7-2-18.19 N.M. Stat. Ann. 7-2A-21. Provides a "sustainable building tax credit" for the construction of a sustainable building or the renovation of an exiting building into a sustainable building. Web-link:  HYPERLINK "http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0" N.M. Stat. Ann. 7-2A-21 Executive Order 06-001. On January 16, 2006, Governor Bill Richardson signed Executive Order #06-001 requiring all public buildings over 15,000 sq. ft. to be LEED Silver certified. Web-link:  HYPERLINK "http://www.governor.state.nm.us/orders/2006/EO_2006_001.pdf" Executive Order 06-001 21.  HYPERLINK \l "NewYork" New York. N.Y. Educ. Law 6509. Provides for the revocation of an architect's or engineer's license, upon a hearing and a finding of willful misconduct, in the making of a certification under the green building tax credit. Web-link:  HYPERLINK "http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS" N.Y. Educ. Law 6509 N.Y. Tax Law 19. Entitled "Green building tax credit," this program provides an income tax incentive to commercial developments incorporating specific green strategies informed by LEED. Web-link:  HYPERLINK "http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS" N.Y. Educ. Law 6509 N.Y. Tax Law 187-d. Entitled "Green building tax credit," this program provides an income tax incentive to commercial developments incorporating specific green strategies informed by LEED. Web-link:  HYPERLINK "http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS" N.Y. Educ. Law 197-d Executive Order 111. Governor Pataki issued Executive Order #111 in June 2001 encouraging, but not requiring, state projects to incorporate LEED Criteria and seek LEED Certification where possible. New York State Energy Research and Development Authority (NYSERDA) awards incentives and technical assistance to help state agencies achieve the Executive Order objective. Web-link:  HYPERLINK "http://www.ogs.state.ny.us/purchase/spg/pdfdocs/EO111.pdf" Executive Order 111 22.  HYPERLINK \l "North_Carolina" North Carolina. N.C. Gen. Stat. 153A-340. To encourage construction utilizing sustainable design principles and to improve energy efficiency in buildings, a county may charge reduced building permit fees or provide partial rebates of building permit fees for buildings that are constructed or renovated using design principles that conform to or exceed LEED certification. Web-link:  HYPERLINK "http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_153A/GS_153A-340.html" N.C. Gen. Stat. 153A-340 N.C. Gen. Stat. 160A-381. To encourage construction utilizing sustainable design principles and to improve energy efficiency in buildings, a city may charge reduced building permit fees or provide partial rebates of building permit fees for buildings that are constructed or renovated using design principles that conform to or exceed LEED certification. Web-link:  HYPERLINK "http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_160A/GS_160A-381.html" N.C. Gen. Stat. 160A-381 23. HYPERLINK \l "Ohio"Ohio. Ohio Rev. Code Ann. 123.011. Establishes within the department of administrative services the office of energy services. Provides that no state agency or department may lease or construct a state-funded facility without having provided a life-cycle cost analysis or energy consumption analysis. Web-link:  HYPERLINK "http://codes.ohio.gov/orc/123.011" Ohio Rev. Code Ann. 123.011 Ohio Rev. Code Ann. 125.15. Provides that all state agencies required to secure equipment, materials, supplies or services from the department of administrative services shall reimburse the department a reasonable sum to cover the department's costs relating to energy efficiency and conservation programs. Web-link:  HYPERLINK "http://codes.ohio.gov/orc/125.15" Ohio Rev. Code Ann. 125.15 Ohio Rev. Code Ann. 3345.69. Establishes a committee within the interuniversity council of Ohio to develop guidelines for the board of trustees of each state institution of higher education to use in ensuring energy efficiency and conservation in on and off campus buildings. Web-link:  HYPERLINK "http://codes.ohio.gov/orc/3345.69" Ohio Rev. Code Ann. 3345.69 Ohio Rev. Code Ann. 4928.61-.63. Establishes the advanced energy, into which shall be deposited all advanced energy revenues for the exclusive purposes of funding the advanced energy program. Web-link:  HYPERLINK "http://codes.ohio.gov/orc/4928.61" Ohio Rev. Code Ann. 4928.61 Web-link:  HYPERLINK "http://codes.ohio.gov/orc/4928.62" Ohio Rev. Code Ann. 4928.62 Web-link:  HYPERLINK "http://codes.ohio.gov/orc/4928.63" Ohio Rev. Code Ann. 4928.63 24.  HYPERLINK \l "Rhode_Island" Rhode Island. Executive Order 05-14. On August 22, 2005, Governor Donald Carcieri signed Executive Order #05-14 requiring all new constructions and renovations of public buildings to meet LEED Silver certification or higher. Web-link:  HYPERLINK "http://www.governor.ri.gov/documents/executiveorders/2005/14_NewBuildings_Energy_Environmental_Standards.pdf" Executive Order 05-14 25.  HYPERLINK \l "South_Carolina" South Carolina. S.C. Code Ann. 48-52-800 et seq. Requires all state-owned and state-funded construction greater than 10,000 square feet and any major renovation projects of greater than 50% of the total building space or value achieve LEED-NC Silver certification or comparable standard. Web-link:  HYPERLINK "http://www.scstatehouse.net/code/t48c052.htm"  S.C. Code Ann. 48-52-800 et seq. 26.  HYPERLINK \l "Virginia" Virginia. Executive Order 48. On April 5, 2007, Governor Tim Kaine signed Executive Order 48 entitled "Energy Efficiency n State Government." This Order sets out to reduce non-renewable energy purchases and increase overall energy savings. The Order instructs all state agencies and institutions construction state-owned facilities over 5,000 gross square feet in size, and renovations of such buildings valued at 50% of the assessed building value, shall be designed and constructed consistent with the energy performance standards at least as stringent as LEED or PA's Energy Star rating. Additionally, the Order instructs the Commonwealth to encourage the private sector to adopt energy-efficient building standards by giving preference when leasing facilities for state use to facilities meeting LEED or Energy Star. Web-link:  HYPERLINK "http://www.governor.virginia.gov/Initiatives/ExecutiveOrders/pdf/EO_48.pdf" Executive Order 48 27.  HYPERLINK \l "Washington" Washington. Wash. Rev. Code 39.35D.010 et seq. State funded projects over 5,000 square feet, including school district buildings, must be designed, constructed and certified to at least the LEED Silver Standard. Additionally, all K-12 schools shall be certified to the LEED Silver standard or built to comply with the Washington Sustainable Schools Protocol as of July 1, 2007. In addition, the code required all affordable homes receiving money from the state's Housing Trust Fund after July 1, 2008, to be built in compliance with the Evergreen Standard for Affordable Housing. By 2009, all new construction projects and major renovations receiving Washington State funds will be built to a green standard. Web-link:  HYPERLINK "http://apps.leg.wa.gov/RCW/default.aspx?cite=39.35D&full=true" Wash. Rev. Code 39.35D.010 et seq. Wash. Rev. Code 47.01.078. Provides for the Department of Transportation to consider engineers and architects to design environmentally sustainable transportation systems. Web-link:  HYPERLINK "http://apps.leg.wa.gov/RCW/default.aspx?cite=47.01.078" Wash. Rev. Code 47.01.078 28.  HYPERLINK \l "Wisconsin" Wisconsin. Executive Order 145. On April 11, 2006, Governor Jim Doyle signed Executive Order 145 Relating to Conserve Wisconsin and the Creation of High Performance Green Building Standards and Energy Conservation for State Facilities and Operations. The Executive Order directs the Department of Administration to establish and adopt guidelines based on LEED for New Construction and LEED for Existing Buildings within 6 months. Any project that requests LEED certification as part of the initial project request will be supported by Department of Administration. Web-link:  HYPERLINK "http://www.wisgov.state.wi.us/journal_media_detail.asp?locid=19&prid=1907" Executive Order 145 Arizona HYPERLINK \l "Arizona_BTT"(back to top) 34-451. Energy conservation standards for public buildings A. The department of commerce in consultation with persons responsible for building systems shall adopt and publish energy conservation standards for construction of all new capital projects as defined in section 41-790, including buildings designed and constructed by school districts, community college districts and universities. These standards shall be consistent with the recommended energy conservation standards of the American society of heating, refrigerating and air conditioning engineers and the international energy conservation code. B. The standards shall be adopted to achieve energy conservation and shall allow for design flexibility. C. The following state agencies shall reduce energy use in public buildings that they administer by ten percent per square foot of floor area on or before July 1, 2008 and by fifteen per cent per square foot of floor area on or before July 1, 2011, using July 1, 2001 through June 30, 2002 as the baseline year: 1. The department of administration for its building systems. 2. The Arizona board of regents for its building systems. 3. The department of transportation for its building systems. D. The state energy office shall provide technical assistance to the state agencies prescribed in subsection C of this section. On or before July 1 of each year, the state energy office shall measure compliance with subsection C of this section, compile the results of that monitoring and report to the speaker of the house of representatives and the president of the senate as to the progress of attaining the goals prescribed in subsection C of this section. The state energy office shall include in its report an explanation of the reasons for any failure to achieve energy reductions in specific building systems as prescribed in subsection C of this section. E. All state agencies shall procure energy efficient products that are certified by the United States department of energy or the United States environmental protection agency as energy star or that are certified under the federal energy management program in all categories that are available unless the products are shown not to be cost-effective on a life cycle cost basis. 34-452. Solar design standards for state buildings; energy life cycle costing A. Capital projects as defined in section 41-790 including buildings designed and constructed by the department of administration, school districts, community college districts and universities and containing over six thousand square feet shall include a written evaluation of the following solar energy features: 1. Proper site orientation. 2. Utilization of active and passive solar energy systems for space heating. 3. Utilization of solar water heating. 4. Utilization of solar daylighting devices as defined in section 44-1761. B. Energy life cycle costing shall be used to evaluate all solar energy and energy conservation design, equipment and materials that are considered for constructing new state buildings and in the scheduled remodeling of existing state buildings. 34-453. Energy performance goals for state buildings A. The department of administration shall apply energy conservation measures to and shall improve the design for the construction of capital projects so that the energy consumption per gross square foot in use during fiscal year 1992-1993 is at least ten per cent less than the energy consumption per gross square foot in use during fiscal year 1985-1986. B. The department of administration may exclude from the requirements of subsection A any capital project or portion of a capital project in which energy intensive activities are carried out. The department of administration shall identify and list those exclusions. C. The department of administration shall report on energy conservation related activities in the annual state capital improvement plan. 34-454. Establishment and use of life cycle cost methods and procedures; definition A. The director of the department of administration, in consultation with the department of commerce, shall establish practical and effective present value methods for estimating and comparing life cycle costs for state capital projects, using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of the system or during a period of twenty-five years, whichever is shorter, and using average fuel costs and a discount rate determined by the director. The director shall develop and prescribe the procedures to be followed in applying and implementing the methods and procedures established by this subsection. B. The design of new capital projects and the application of energy conservation measures to existing capital projects shall be made using life cycle cost methods and procedures established pursuant to subsection A. C. In leasing buildings preference shall be given to buildings which minimize life cycle costs. D. For the purposes of this section, "life cycle cost" means the total cost of owning, operating and maintaining a building over its useful life, including such costs as fuel, energy, labor and replacement components determined on the basis of a systematic evaluation and comparison of alternative building systems, except that in the case of leased buildings, the life cycle costs shall be calculated over the effective remaining term of the lease. 34-455. Performance contracting; definitions A. The department of administration shall develop and implement a program to enter into performance contracts solely for the purpose of achieving energy savings as measured in dollars and benefits ancillary to that purpose. Each contract may be for a period of not more than the expected life of the energy savings measures implemented or twenty-five years, whichever is shorter. The contract shall provide that the energy and operational savings generated cover all costs, after accounting for any financial incentives or assistance provided by utilities, associated with implementation of energy conservation measures to include audits, design equipment, purchase and installation, metering, interest on monies borrowed and training, and the contract shall include contractor profit. The contractor shall recover an amount not to exceed the summation of these costs and the agreed upon profit. Energy dollar savings realized as a result of a performance contract under this section shall be shared at a negotiated rate between the state and the contractor, until such time as the contractor has recovered the amount specified in the contract, at which time all savings shall accrue to the state. Interest rates charged on each contract shall be mutually agreed upon by the department of administration and the contractor. Contracts shall contain contingency provisions agreed upon by the department and the contractor for cases where measured energy dollar savings do not meet predicted energy dollar savings. B. For the purposes of this section: 1. "Combined heat and power" means any system that simultaneously or sequentially generates both electric or mechanical energy and useful thermal energy using the same unit of fuel. 2. "Energy dollar savings" means a reduction in the cost of energy, from a base energy cost established through a methodology set forth in the contract, utilized in an existing or new state owned or leased building as a result of either: (a) The lease or purchase of operating equipment by the state or contractor, improvements made, altered operation and maintenance, technical services provided or renewable energy sources utilized. (b) The increased efficient use of existing energy sources by cogeneration or combined heat and power. 34-456. Use of energy savings; definitions A. Fifty per cent of the amount of after-contract cost savings realized by the department of administration for that year from contracts entered into pursuant to section 34-455 shall remain available without further appropriation to undertake additional energy conservation measures. Funds generated as a result of these contracts shall be known as "energy conservation funds". The department shall use the energy conservation funds to implement additional energy conservation measures in state facilities. The department shall keep a separate accounting of these after-contract cost savings and provide an annual report to the speaker of the house of representatives, the president of the senate and the governor detailing account balances, amounts spent on additional conservation measures, energy and dollar savings accrued as a result of expenditures from the fund and projected utilization of the funds. These funds shall not be subject to the provisions of section 35-190. B. For the purposes of this section: 1. "After-contract cost savings" means the portion of energy dollar savings for that year that remains after all performance contract costs are paid for that year. 2. "combined heat and power" has the same meaning prescribed in section 34-455. 3. "Energy conservation measures" means measures that are applied to a state building that improve energy efficiency and are life cycle cost effective and involve energy conservation, cogeneration, renewable energy sources, improvements in operations, combined heat and power and maintenance efficiencies or retrofit activities. 41-1510. Solar energy advisory council; members; vacancies; appointment; compensation; meetings; duties; definition A. There is established a solar energy advisory council consisting of the following members: 1. The chairman of the Arizona power authority. 2. A member of the faculty at Arizona state university, who shall be appointed by the governor. 3. A member of the faculty at the university of Arizona, who shall be appointed by the governor. 4. A member of the faculty at northern Arizona university, who shall be appointed by the governor. 5. Eleven additional persons who are appointed by the governor and who shall either be knowledgeable of specific solar energy technologies or representatives of private industry involved in the application of solar energy to commercial, industrial or residential use. 6. The president of the senate and the speaker of the house of representatives or their representatives shall be advisory members. B. Appointments shall be made for terms of three years. Members appointed pursuant to subsection A, paragraphs 2 through 5 of this section shall serve at the pleasure of the governor. C. Members of the council serving by virtue of their office shall serve without compensation. Appointed members are eligible to receive compensation as determined pursuant to section 38-611 for each day of attendance at meetings. D. The chairman of the council shall be selected by the governor from among the members. E. The council shall meet upon call of the chairman. F. The council shall: 1. Assist and advise the director on matters relating to the development and use of solar energy and other renewable energy resources including recommendations for the utilization or disbursements of federal and state funds for solar purposes. 2. Encourage efforts by research institutions, local government institutions and home builders in obtaining technical and financial support from the federal government for their activities in solar and advanced alternate energy systems. 3. Identify and describe the solar energy technologies that are feasible and practical in terms of short-term application of retrofit, new construction and conservation projects within five years. 4. Identify and describe long-range programs that are feasible and require significant technological development. Programs having similar technological gradients shall be formulated to encompass the period of time from the present through the year 2020. 5. Encourage the cooperation and direct involvement of academic, business, professional and industrial sectors that are determined to have special expertise or knowledge of solar energy technology. 6. Make recommendations to the director on standards, codes, certifications and other programs necessary for the orderly and rapid commercialization and growth of solar energy use in this state for consideration by the appropriate jurisdictional bodies. G. For the purposes of this section, "advisory member" means a member who gives advice to the other members of the council at meetings of the council but who is not eligible to vote and is not a member for purposes of determining whether a quorum is present. H. No member of the commission shall obtain any pecuniary or proprietary interest from any decision of the commission, either direct or indirect, except a remote interest as defined in section 38-502, paragraph 10. 41-1510.01. Solar energy tax incentives; qualification A. The department shall establish a procedure for identifying commercial solar energy projects that qualify for the purposes of the commercial solar energy income tax credits under sections 43-1085 and 43-1164. B. To qualify for the tax credits, a business must apply in a form prescribed by the department, including: 1. The name, address and telephone number of the business purchasing the solar energy device or system. 2. The name, address and telephone number of a contact person with the business. 3. The projected date that the installation of the solar energy device or system will begin and the projected finish date. 4. The location where the solar energy device or system will be installed. 5. The type of solar energy device or system, its total cost, excluding financing costs, and the estimated annual performance level. 6. The projected amount of the credit against state income taxes. C. Applications to the department under this section are confidential and are not subject to disclosure under title 39 for eighteen months after the date of application. D. The department shall: 1. Review and evaluate each submitted application. 2. Determine within thirty days after receiving the application whether the application meets the criteria for the purposes of the commercial solar energy income tax credits. 3. Provide its initial certification of a project to the applicant and to the department of revenue. The initial certification shall include a unique identifying number for each certified installation. E. On the completion of each certified installation: 1. The business must: (a) Certify that the installed solar energy device or system is operational. (b) Provide the total amount of income tax credits to be claimed. 2. The department shall review the installation expenses and issue a credit certificate to the business. The credit certificate shall include the assigned identifying number. 3. The department of commerce shall transmit the credit information and certificate number to the department of revenue. F. The department of commerce shall not certify tax credits under this section in any calendar year that exceed a total of one million dollars. G. The department of commerce and the department of revenue shall collaborate in adopting rules that are necessary to accomplish the intent and purpose of this section. 43-1031. Subtraction for constructing an energy efficient residence A. For taxable years beginning from and after December 31, 2001 through December 31, 2010, in computing Arizona adjusted gross income a taxpayer may subtract five per cent of the sales price, excluding commissions, taxes, interest, points and other brokerage, finance and escrow charges, of one or more new single family residences, condominiums or town houses that are sold by the taxpayer and that exceed the 1995 model energy code by fifty per cent or more as determined by an approved rating program. Rating programs shall meet the United States department of energy's home energy rating system guidelines or other guidelines approved by the department of commerce energy office. The amount of the subtraction shall not exceed five thousand dollars with respect to each new single family residence, condominium or town house. B. The department of commerce energy office shall: 1. Annually review the threshold rating used to determine eligibility for the subtraction. 2. If the number of homes receiving a subtraction in a single year exceeds five per cent of the new homes built in this state as estimated by the department of commerce, increase the qualifying rating by five per cent for the next taxable year. 3. Provide an annual list to the department of revenue of the criteria used to determine an energy efficiency rating that qualifies for a subtraction pursuant to this section. C. The taxpayer may elect to transfer a subtraction under this section to the purchaser of the residence or to the financial institution that secures a mortgage or deed of trust on the residence. If the taxpayer transfers the subtraction, the taxpayer shall deliver to the purchaser or financial institution a written statement that the taxpayer has elected not to claim the subtraction and that the purchaser or financial institution may claim the subtraction, subject to the conditions and limitations prescribed by this section. 43-1083. Credit for solar energy devices A. A credit is allowed against the taxes imposed by this title for each resident who is not a dependent of another taxpayer for installing a solar energy device, as defined in section 42-5001, during the taxable year in the taxpayer's residence located in this state. The credit is equal to twenty-five per cent of the cost of the device. B. The maximum credit in a taxable year may not exceed one thousand dollars. The person who provides the solar energy device shall furnish the taxpayer with an accounting of the cost to the taxpayer. A taxpayer may claim the credit under this section only once in a tax year and may not cumulate over different tax years tax credits under this section exceeding, in the aggregate, one thousand dollars for the same residence. C. If the allowable tax credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the amount of the claim not used to offset taxes under this title may be carried forward for not more than five consecutive taxable years as a credit against subsequent years' income tax liability. D. A husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half of the tax credit that would have been allowed for a joint return. E. The credit allowed under this section is in lieu of any allowance for state tax purposes for exhaustion, wear and tear of the solar energy device under section 167 of the internal revenue code. F. To qualify for the credit under this section the solar energy device and its installation shall meet the requirements of title 44, chapter 11, article 11. G. A solar hot water heater plumbing stub out that was installed by the builder of a house or dwelling unit before title was conveyed to the taxpayer does not qualify for a credit under this section, but the taxpayer may claim a credit for the device under section 43-1090 or 43-1176 under the circumstances, conditions and limitations prescribed by section 43-1090, subsection C or 43-1176, subsection C, as applicable. 43-1085. Credit for solar energy devices; commercial and industrial applications A. For taxable years beginning from and after December 31, 2005 through December 31, 2012, a credit is allowed against the taxes imposed by this title for a taxpayer who is either: 1. Installing one or more solar energy devices, as defined in section 42-5001 and certified pursuant to section 41-1510.01, during the taxable year for commercial, industrial or any other nonresidential application in the taxpayer's facility located in this state. 2. The third party organization that financed, installed or manufactured the solar energy device that qualifies for the credit under paragraph 1 of this subsection if the taxpayer or an entity exempt from taxation under chapter 12 of this title who otherwise would qualify for this credit transfers the credit on a form prescribed by the department to the third party organization. B. The amount of the credit is equal to ten per cent of the installed cost of the device. C. The person who provides or installs the device shall furnish the taxpayer with an accounting of the cost to the taxpayer. D. The taxpayer may not cumulate total tax credits under this section exceeding twenty-five thousand dollars with respect to the same building in the same year or fifty thousand dollars in total credits in any year. E. If the allowable credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the amount of the claim not used to offset taxes under this title may be carried forward for not more than five consecutive taxable years as a credit against subsequent years' income tax liability. F. Co-owners of a business, including partners in a partnership and shareholders of an S corporation, as defined in section 1361 of the internal revenue code, may each claim only the pro rata share of the credit allowed under this section based on the ownership interest or financial investment in the system. The total of the credits allowed all such owners may not exceed the amount that would have been allowed a sole owner. 43-1090. Credit for solar hot water heater plumbing stub outs and electric vehicle recharge outlets installed in houses constructed by taxpayer A. A credit is allowed against the taxes imposed by this title for costs incurred during the taxable year of installing or including in one or more houses or dwelling units located in this state and constructed by the taxpayer one or more: 1. Solar hot water plumbing stub outs. To qualify for the credit, the stub out must: (a) Include two insulated three-fourths inch copper pipes and at least two pairs of wires for monitoring and control purposes that project from the dwelling roof or other suitable location and that are connected to the domestic hot water transport and storage system. (b) Be located and configured to allow sufficient solar access and exposure and to allow ready installation of solar water heating devices without further expense or effort to reach, use or serve the domestic hot water system of the house or dwelling. 2. Electric vehicle recharge outlets. To qualify for the credit, the outlet must be connected to the utility system by a dedicated line that: (a) Is capable of operating at normal secondary voltages. (b) Meets applicable local building safety codes. (c) Is commensurate and consistent with electric vehicle recharging needs and methods. B. The credit shall not exceed seventy-five dollars for each installation for each separate house or dwelling unit. C. The taxpayer may elect to transfer a credit under this section to a purchaser or transferee of the house or dwelling unit. If the taxpayer elects to transfer the credit, the taxpayer shall deliver to the purchaser or transferee a written statement that the taxpayer has elected not to claim the credit and that the purchaser or transferee may claim the credit, subject to the conditions and limitations prescribed by this section. D. If the allowable credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the amount of the credit not used to offset taxes under this title may be carried forward to the next five consecutive taxable years as a credit against subsequent years' income tax liability. E. Co-owners of a business, including partners in a partnership and shareholders of an S corporation, as defined in section 1361 of the internal revenue code, may each claim only the pro rata share of the credit allowed under this section based on the ownership interest. The total of the credits allowed all such owners may not exceed the amount that would have been allowed a sole owner. F. The credit allowed under this section is in lieu of any expenses taken for installing solar stub outs or electric vehicle recharge outlets to reach Arizona taxable income. 43-1164. Credit for solar energy devices; commercial and industrial applications A. For taxable years beginning from and after December 31, 2005 through December 31, 2012, a credit is allowed against the taxes imposed by this title for a taxpayer that is either: 1. Installing one or more solar energy devices, as defined in section 42-5001 and certified pursuant to section 41-1510.01, during the taxable year for commercial, industrial or any other nonresidential application in the taxpayer's facility located in this state. 2. The third party organization that financed, installed or manufactured the solar energy device that qualifies for the credit under paragraph 1 of this subsection if the taxpayer or an entity exempt from taxation under chapter 12 of this title who otherwise would qualify for this credit transfers the credit on a form prescribed by the department to the third party organization. B. The amount of the credit is equal to ten per cent of the installed cost of the device. C. The person who provides or installs the device shall furnish the taxpayer with an accounting of the cost to the taxpayer. D. The taxpayer may not cumulate total tax credits under this section exceeding twenty-five thousand dollars with respect to the same building in the same year or fifty thousand dollars in total credits in any year. E. If the allowable credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the amount of the claim not used to offset taxes under this title may be carried forward for not more than five consecutive taxable years as a credit against subsequent years' income tax liability. F. Co-owners of a business, including corporate partners in a partnership, may each claim only the pro rata share of the credit allowed under this section based on the ownership interest or financial investment in the system. The total of the credits allowed all such owners may not exceed the amount that would have been allowed a sole owner. 43-1176. Credit for solar hot water heater plumbing stub outs and electric vehicle recharge outlets installed in houses constructed by taxpayer A. A credit is allowed against the taxes imposed by this title for costs incurred during the taxable year of installing or including in one or more houses or dwelling units located in this state and constructed by the taxpayer one or more: 1. Solar hot water plumbing stub outs. To qualify for the credit the stub out must: (a) Include two insulated three-fourths inch copper pipes and at least two pairs of wires for monitoring and control purposes that project from the dwelling roof or other suitable location and that are connected to the domestic hot water transport and storage system. (b) Be located and configured to allow sufficient solar access and exposure and to allow ready installation of solar water heating devices without further expense or effort to reach, use or serve the domestic hot water system of the house or dwelling. 2. Electric vehicle recharge outlets. To qualify for the credit, the outlet must be connected to the utility system by a dedicated line that: (a) Is capable of operating at normal secondary voltages. (b) Meets applicable local building safety codes. (c) Is commensurate and consistent with electric vehicle recharging needs and methods. B. The credit shall not exceed seventy-five dollars for each installation for each separate house or dwelling unit. C. The taxpayer may elect to transfer a credit under this section to a purchaser or transferee of the house or dwelling unit. If the taxpayer elects to transfer the credit, the taxpayer shall deliver to the purchaser or transferee a written statement that the taxpayer has elected not to claim the credit and that the purchaser or transferee may claim the credit, subject to the conditions and limitations prescribed by this section. D. If the allowable credit exceeds the taxes otherwise due under this title on the claimant's income or if there are no taxes due under this title, the amount of the credit not used to offset taxes under this title may be carried forward to the next five consecutive taxable years as a credit against subsequent years' income tax liability. E. Co-owners of a business, including corporate partners in a partnership, may each claim only the pro rata share of the credit allowed under this section based on the ownership interest. The total of the credits allowed all such owners may not exceed the amount that would have been allowed a sole owner. F. The credit allowed under this section is in lieu of any expenses taken for installing solar stub outs or electric vehicle recharge outlets to reach Arizona taxable income. Executive Order 2005-05 IMPLEMENTING RENEWABLE ENERGY AND ENERGY EFFICIENCY IN NEW STATE BUILDINGS WHEREAS, development of renewable energy and promotion of energy efficiency can significantly improve Arizona's energy reliability and security, economic development, and environment; and WHEREAS, as a state with abundant sunshine, Arizona has the opportunity to achieve national and global leadership in research, design, construction, manufacturing and development of renewable energy; and WHEREAS, Arizona's dense forests pose both a fire hazard and an economic opportunity to develop thermal energy using forest biomass; and WHEREAS, developing thermal energy using forest biomass also creates economic incentives for responsible and necessary commercial thinning of our forests; and WHEREAS, supporting responsible use of Arizona's naturally renewable energy resources and increasing energy efficiency is important to the State, and the national economy; NOW, THEREFORE, I, Janet Napolitano, Governor of Arizona, by virtue of the authority vested in me by the Constitution and laws of this State, hereby order as follows: 1. All Executive Branch agencies shall implement to the extent practicable the following standards in all new state-funded facilities: A. Renewable Energy - All new state funded-buildings constructed after the date of this Executive Order shall be designed and constructed to derive at least 10 percent (10%) of their energy from a renewable resource. A renewable resource may include: solar, wind, or the use of thermal energy from biomass fuels for heating and or cooling. This goal may also be met through the purchase of renewable energy credits (as defined by the Department of Commerce Energy Office) from an energy producer. B. Energy Efficiency - The design for all state-funded buildings constructed after the date of this Executive Order shall include energy efficiency standards consistent with Arizona Revised Statutes 34-451 and Executive Order 2003 C. LEED Standard - All state-funded buildings constructed after the date of this Executive Order shall meet at least the "silver" Leadership in Energy & Environmental Design (LEED) standard. 2. The Arizona Department of Administration, Arizona Department of Transportation and Arizona School Facilities Board, shall submit a report to me (as well as to the Director of the Department of Administration) in writing via electronic submission, by August 1, 2005, and annually thereafter, summarizing: a) actions taken to achieve the renewable and energy efficiency goals of this Order; b) the extent to which the goal has been achieved; and c) if the goal was not achieved, an explanation why it was not achieved and an assessment of what can be done to achieve the goal. 3. All other branches of state government are also encouraged to review and comply with the design standards set forth in this Executive Order. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona. Arkansas HYPERLINK \l "Arkansas_BTT"(back to top) 22-3-1801. Title. This subchapter shall be known and may be referred to as the Arkansas Energy and Natural Resource Conservation Act. 22-3-1802. Findings and purpose. It is found and determined by the General Assembly that: State-funded building projects have a significant impact on the environment of our Natural State, the economy, and the health and productivity of building inhabitants; State government currently spends approximately seventy million dollars ($70,000,000) annually for electricity and natural gas consumed in state buildings, and energy expenditures have been increasing at nearly four percent (4%) per year over the last ten (10) years; It is incumbent upon Arkansas state government to lead by example to minimize energy use and environmental impact in state buildings; Innovations in building science, technology, and operations are available to maximize the economic utility of state-funded building projects and reduce energy costs, while achieving the best environmental performance and reducing adverse impacts on the environment; and Incorporating principles of sustainability in building design will enhance efficient management of material resources and waste, protect health and indoor environmental quality, reduce the longer-term costs of construction and operation of state-funded buildings, and promote the use of appropriate Arkansas products in the buildings. In recognition of the economic, energy conservation, and environmental benefits of sustainable building design, it is in the best interest of the State of Arkansas to initiate a process to encourage improved building practices, to provide support and information to assist state agencies in carrying out the purposes of this subchapter, and to continue development of the best building practices through a legislative task force to evaluate and report to the General Assembly the progress being made under this subchapter. 22-3-1803. Definitions. As used in this subchapter: Adaptive reuse means the modification to accommodate a function other than its original intent of any building site and existing inhabited structure; (A) Building project means any inhabited physical structure and project building site. The phrase includes any structure in which any individual spends more than an hour of time within the structure such as residences, offices, visitors centers, classrooms, administration buildings, etc. Building project does not include ancillary structures or buildings with temporary occupancy such as park restrooms, pavilions, storage facilities, or similar structures; Grant applicant means any individual, institution, governmental jurisdiction, or other organization recognized by the granting department or agency as qualified to apply for financial assistance from any state department, agency, or office for the purpose of planning, designing, or constructing a new or rehabilitated building; (A) Green Globes means the online environmental assessment tool developed by the Green Building Initiative as of December 2004. Green Globes allows designers, property owners, and managers to evaluate and rate buildings against best sustainable building design and practices and integrate principles of sustainable architecture at every stage of project delivery in order to design and construct buildings that will be energy-efficient and resource-efficient, achieve operational savings, and provide healthier environments in which to live and work; (A) Leadership in Energy and Environmental Design means the following building rating systems developed by the United States Green Building Council: LEED -NC 2.1, as it exists on January 1, 2005; LEED -EB, as it exists on January 1, 2005; or LEED -CI, as it exists on January 1, 2005. Leadership in Energy and Environmental Design allows designers, property owners, and managers to evaluate and rate buildings against best sustainable building design and practices and to integrate principles of sustainable architecture at every stage of project delivery in order to design and construct buildings that will be energy-efficient and resource-efficient, achieve operational savings, and provide healthier environments in which to live and work; Newly designed construction project means any building and its building site for which a contract has been entered into beginning July 1, 2005, to construct a building and building site improvements as outlined in Leadership in Energy and Environmental Design or Green Globes rating systems; Project building site means all property associated with a building, including the defined legal description of the property or the defined project limits; (A) Project limits means the physical boundaries of a construction project within which all construction activity must occur. Project limits includes material and equipment storage space, lay-down or prefabrication space, clearing, grubbing, and drainage improvements; Project team means the persons or individuals representing the state agency or owner, professional design consultants, and building contractor, if a contractor is determined prior to design; Proposed construction project means all building construction projects in the conceptual planning stages for which a design contract has been executed after July 1, 2005; Public and private partnerships means any private development that uses state money to assist in the planning, design, or construction of a building project, such as a building project providing economic incentives for development; Public funding means federal or state funds that are allocated for a state building project; Rehabilitation project means any building project involving the modification or adaptive reuse of an existing facility in which twenty-five percent (25%) or more of the physical structure, facade, or interior space of a facility is being changed or modified; State agency means all departments, offices, boards, commissions, and institutions of the state, including the state-supported institutions of higher education; State building project means any inhabited physical structure and project building site in which: A state agency secures the design or construction contract; and Public funding is used in whole or in part to design or construct the project; and Sustainable means that: A building integrates building materials and methods that promote environmental quality, energy conservation, economic vitality, and social benefit through the design, construction, and operation of the built environment; A building merges sound, environmentally responsible practices into one (1) discipline that looks at the environmental, economic, and social effects of a building or built project as a whole; and The design encompasses the following broad topics: Efficient management of energy and water resources; Management of material resources and waste; Protection of environmental quality; Protection of health and indoor environmental quality; Reinforcement of natural systems; and Integrating the design approach. 22-3-1804. Standards for Arkansas. If a state agency decides to pursue either the Leadership in Energy and Environmental Design certification or the Green Globes certification, the standards of this section shall apply for the purpose of state building projects. (1) Use of the Leadership in Energy and Environmental Design rating system shall be with the following supplemental provisions specific to state building projects: Under LEED EQ Credit 4.4, one (1) point shall be awarded for the use of composite wood and agrifiber products if the architect or responsible party provides appropriate documentation that the products are third-party certified as meeting the American National Standards Institute standard requirements, ANSI A208.1 for Particleboard Standard, ANSI A 208.2 for MDF, for formaldehyde emissions, or contain no added urea-formaldehyde; Under LEED MR Credit 4, one (1) point shall be awarded when the sum of postconsumer recycled content plus one-half () of the preconsumer recycled content constitutes at least ten percent (10%) of the total value of the materials in the project. A second point shall be awarded if the sum of postconsumer recycled content plus one-half () of the preconsumer content constitutes at least twenty percent (20%) of the total value of the materials in the project. The valuation is to be determined by using the LEED -NC letter template; Under LEED MR Credit 6, one (1) point shall also be awarded for the use of renewable, bio-based materials for five percent (5%) of the total value of all the products used in the project that are either residuals of or products grown or harvested under a recognized sustainable management system such as the Forest Stewardship Council, the Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; Under LEED MR Credit 7, one (1) point shall also be awarded for the use of renewable, bio-based raw materials certified in accordance with one (1) or more premier certification programs for environmental management for fifty percent (50%) of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; Under LEED ID Credit 1.1, one (1) point will be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering bio-based products managed under a recognized sustainable management plan; and Under LEED ID Credit 1.2, one (1) point will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided. Use of the Green Globes rating system shall be with the following supplemental provision specific to state building projects: An additional fifteen (15) points shall be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering wood bio-based products; and Fifteen (15) points will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided. 22-3-1805. Application to state building projects. State agencies conducting or funding a public building project or rehabilitation project are encouraged to refer to and should utilize, whenever possible and appropriate, the Leadership in Energy and Environmental Design or Green Globes rating systems referred to in this subchapter. 22-3-1806. Legislative Task Force on Sustainable Building Design and Practices. The Legislative Task Force on Sustainable Building Design and Practices is established to: Continue to review, discuss, and advise on issues related to sustainable design and practices for buildings; Monitor case-study projects and evaluate performance and outcomes relevant to high-performance building strategies; Serve as a reference for educational resources; Ask for a review of sustainable building design and practices performed by state agencies; Develop goals and strategies to promote energy efficiency in state buildings; and Identify and promote new and innovative air conditioning and heating products or services that conserve energy and reduce energy usage. (1) The task force shall be composed of no more than twenty (20) members. The number of members shall be determined by agreement between the Chair of the Senate Interim Committee on Public Health, Welfare, and Labor and the Chair of the House Interim Committee on Public Health, Welfare, and Labor. The Chair of the Senate Interim Committee on Public Health, Welfare, and Labor and the Chair of the House Interim Committee on Public Health, Welfare, and Labor shall appoint the membership pursuant to procedure agreed upon by the chairs. The task force shall include members of the General Assembly and members of the public. The cochairs of the task force shall be members of the General Assembly. One (1) cochair shall be a member of the Senate and one (1) cochair shall be a member of the House of Representatives. The legislative members of the task force shall be entitled to mileage and per diem at the same rate as for attending other legislative committees. The task force shall receive staff support from the Bureau of Legislative Research. The task force shall expire on July 1, 2009, unless continued by an act of the General Assembly. California  HYPERLINK \l "California_BTT" (back to top) EDUCATION CODE SECTION 81620-81624 81620. This article shall be known, and may be cited, as the Statewide Energy Management Program. 81621. The definitions set forth in this section govern the construction of this article: "Commission" means the State Energy Resources Conservation and Development Commission. "Energy independence" means the utilization of existing and developing technologies to meet energy needs onsite, including, but not necessarily limited to, the utilization of solar, fuel cells, and other renewable and clean onsite energy sources, the optimization of the use of daylighting, the use of passive solar orientation, and the use of construction techniques that minimize energy loss, such as appropriate insulation and lighting fixtures. "Energy management plans" means the plans that community colleges develop with guidance from the Statewide Energy Management Program to implement energy efficiency projects such as sustainable green buildings, renovations, and wind or solar farms that will move the community colleges toward energy independence. "Program" means the Statewide Energy Management Program, established under this article, which is a state program modeledafter the Federal Energy Management Program. "Renewable or other distributed energy systems" means alternative efficient sources of energy such as daylighting, photovoltaic panels (rooftops or solar farms), passive solar heating, fuel cells, and steam. Diesel-fueled electric generating systems are not included in this definition. "Sustainable green building" means a building that has been designed to reduce both direct and indirect environmental consequences associated with construction, occupancy, operation, maintenance, and eventual decommissioning, and whose design is evaluated for cost, quality of life, future flexibility, ease of maintenance, energy and resource efficiency, and overall environmental impact, with an emphasis on life-cycle cost analysis. 81622. (1) In Executive Order D-16-00, issued August 2, 2000, Governor Davis directed state agencies to design and construct buildings that incorporate energy efficiency, resource conservation, and renewable technologies. In his State of the State Address delivered on January 8, 2001, Governor Davis expressed his support for the goal of moving the California Community Colleges toward energy independence. The Federal Energy Management Program, upon which the State Energy Management Program is modeled, has resulted in approximately four dollars ($4) in savings for every one dollar ($1) spent. The federal investment of two billion dollars ($2,000,000,000) in energy efficiency has resulted in savings of six billion three hundred million dollars ($6,300,000,000) on energy bills. In consultation with the commission, the Board of Governors of the California Community Colleges shall further develop and refine certain guidelines for a Statewide Energy Management Program that have been established under an ongoing joint effort of the commission and DeAnza College. This statewide effort shall allow community college districts to achieve energy independence through the development of energy management plans, the construction of sustainable green buildings, the use of renewable or other distributed energy systems, and the expansion of statewide energy education programs and services. By 2010, the program shall, at a minimum, facilitate the completion of 20 district energy management plans, 15 renewable or other distributed energy systems, and three sustainable green buildings on community college campuses statewide. In consultation with the commission, the board of governors shall accomplish all of the following: Review and comment on academic, occupational, and vocational education materials developed by the commission, the Electric Power Research Institute, public utilities, and the community colleges to improve energy education programs and services. Review and recommend actions regarding successful energy education programs and services that can be identified for replication, personnel exchanges, or implementation of successful practices. Review and recommend actions regarding program resources for use by the community colleges or state agencies in improving energy education programs and services. Review exemplary programs and facilities, and recommend activities for adoption, replication, or policy advice. Review, comment, and recommend actions regarding services that will effect energy conservation. Review and comment on funding requests received to improve or enhance energy education. Review and comment on occupational and vocational training programs and services to meet current employment standards in energy occupations. 81623. The board of governors shall encourage the construction of community college sustainable green buildings that implement energy efficiency, sustainable building concepts, and solar electric, fuel cell, and other technologies. On the effective date of this article, the board of governors shall immediately seek a prototype sustainable green community college instructional building that can be a model for all new construction and retrofit projects statewide. 81624. The Chancellor of the California Community Colleges shall establish an advisory committee for the Statewide Energy Management Program, and determine the membership of that committee. The advisory committee, with technical assistance from the commission, shall make recommendations to the chancellor regarding overall program development, resource development and deployment, and strategies for implementation and coordination of the program. A leadership role on this committee shall initially be provided by the staff of the commission and DeAnza College who have been involved since 1992 in a joint effort to promote training, energy efficiency, and energy independence in the California Community Colleges. This leadership role shall rotate to other community colleges as they complete their own district energy management plans. EXECUTIVE ORDER EXECUTIVE ORDER S-20-04 by the Governor of the State of California WHEREAS, the Energy Action Plan adopted by the states energy agencies places conservation and energy efficiency first in the loading order of energy resources because they are the least expensive and most environmentally protective resources; and WHEREAS, commercial buildings use 36 percent of the states electricity and account for a large percentage of greenhouse gas emissions, raw materials use and waste; and WHEREAS, the U.S. Green Building Councils Leadership in Energy and Environmental Design (LEED), the nations leading green building rating system, promotes high performance building practices; energy, water and materials conservation; environmentally preferred products and practices; improvements in employee health, comfort and productivity; and reductions in facility operation costs and environmental impacts; and WHEREAS, electricity costs for Californias commercial and institutional buildings exceed $12 billion per year, and cost-effective efficiency practices outlined in this Order can save more than $2 billion per year; and WHEREAS, the states own buildings consume over $500 million of electricity per year, and the measures outlined in this Order can save California taxpayers $100 million per year; and WHEREAS, high-performance schools also reduce energy and resource consumption, while creating safer and healthier learning environments; and WHEREAS, investments in energy efficiency measures provide high returns on investment and boost Californias economy, creating more jobs, local spending and tax revenue. NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power vested in me by the Constitution and statutes of the State of California, do hereby order effective immediately: 1. That the state commit to aggressive action to reduce state building electricity usage by retrofitting, building and operating the most energy and resource efficient buildings by taking all cost-effective measures described in the Green Building Action Plan for facilities owned, funded or leased by the state and to encourage cities, counties and schools to do the same. 2. That state agencies, departments, and other entities under the direct executive authority of the Governor cooperate in taking measures to reduce grid-based energy purchases for state-owned buildings by 20% by 2015, through cost-effective efficiency measures and distributed generation technologies; these measures should include but not be limited to: 2.1. Designing, constructing and operating all new and renovated state-owned facilities paid for with state funds as LEED Silver or higher certified buildings; and 2.2. Identifying the most appropriate financing and project delivery mechanisms to achieve these goals; and 2.3. Seeking out office space leases in buildings with a U.S. EPA Energy Star rating; and 2.4. Purchasing or operating Energy Star electrical equipment whenever cost-effective. 3. The Division of the State Architect in the Department of General Services should adopt guidelines by December 31, 2005, to enable and encourage schools built with state funds to be resource and energy efficient. 4. That the California Public Utilities Commission (CPUC) is urged to apply its energy efficiency authority to support a campaign to inform building owners and operators about the compelling economic benefits of energy efficiency measures; improve commercial building efficiency programs to help achieve the 20% goal; and submit a biennial report to the Governor commencing in September 2005, on progress toward meeting these goals. 5. That the California Energy Commission (CEC) propose by July 2005, a benchmarking methodology and building commissioning guidelines to increase energy efficiency in government and private commercial buildings. 6. That the CEC undertake all actions within its authority to increase efficiency by 20% by 2015, compared to Titles 20 and 24 non-residential standards adopted in 2003; collaborate with the building and construction industry state licensing boards to ensure building and contractor compliance; and promptly submit its report as per Assembly Bill 549 (Statutes of 2001) on strategies for greater energy and peak demand savings in existing buildings. 7. The California Public Employees Retirement System and State Teachers Retirement System are requested to target resource efficient buildings for real estate investments and commit clean technology funds to advanced sustainable and efficiency technologies. 8. Other entities of state government not under the Governors direct executive authority, including the University of California, California State University, California Community Colleges, constitutional officers, legislative and judicial branches, and CPUC, are requested to actively participate in this effort. 9. Nothing in this Order shall be construed to confer upon any state agency decision-making authority over substantive matters within another agencys jurisdiction, including any informational and public hearing requirements needed to make regulatory and permitting decisions. 10. Commercial building owners are also encouraged to take aggressive action to reduce electricity usage by retrofitting, building and operating the most energy and resource efficient buildings by taking measures described in the Green Building Action Plan. 11. This Order is not intended to, and does not create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its departments, agencies, or other entities, its officers or employees, or any other person. 12. That as soon as hereafter possible, this Order shall be filed with the Office of the Secretary of State and that widespread publicity and notice shall be given to this Order. IN WITNESS WHEREOF I have here unto set my hand and caused the Great Seal of the State of California to be affixed this the fourteenth day of December 2004. /s/ Arnold Schwarzenegger Governor of California Colorado HYPERLINK \l "Colorado_BTT"(back to top) 24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires: (1) "Capital construction" means: (a) Purchase of land, regardless of the value thereof; (b) Purchase, construction, or demolition of buildings or other physical facilities, including utilities, or remodeling or renovation of existing buildings or other physical facilities, including utilities, to make physical changes necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance; (c) Site improvement or development; (d) Purchase and installation of the fixed and movable equipment necessary for the operation of new, remodeled, or renovated buildings and other physical facilities and for the conduct of programs initially housed therein upon completion of the new construction, remodeling, or renovation; (e) Purchase of the services of architects, engineers, and other consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with any capital construction project and to supervise the construction or execution of such capital construction projects; (f) Any item of instructional or scientific equipment if the cost will exceed fifty thousand dollars. (2) (a) "Controlled maintenance" means: (I) Corrective repairs or replacement used for existing state-owned, general-funded buildings and other physical facilities, including, but not limited to, utilities and site improvements, which are suitable for retention and use for at least five years, and replacement and repair of the fixed equipment necessary for the operation of such facilities, when such work is not funded in an agency's operating budget to be accomplished by the agency's physical plant staff; (II) That controlled maintenance funds may not be used for: (A) Corrective repairs or replacement for buildings and other physical facilities and replacement or repair of the fixed and movable equipment necessary for the operation of physical facilities, when such work is funded in an agency's operating budget to be accomplished by the agency's physical plant staff; for the repair and replacement of fixed and movable equipment necessary for the conduct of programs (such repair and replacement is funded as capital outlay); or for rented or leased facilities or facilities constructed and maintained by self-liquidating property funds. Minor maintenance items shall not be accumulated to create a controlled maintenance project, nor shall minor maintenance work be accomplished as a part of a controlled maintenance project unless the work is directly related. (B) Any work properly categorized as capital construction or capital outlay. (b) "Controlled maintenance" may include the purchase of the services of architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided by appropriation by the general assembly. (3) "Department" means the department of personnel. (4) "Economic life" means the projected or anticipated useful life of a facility. (5) "Energy consumption analysis" means the evaluation of all energy-consuming systems and components by demand and type of energy, including the internal energy load imposed on a facility by its occupants, equipment, and components and the external energy load imposed on the facility by climatic conditions. (6) "Executive director" means the executive director of the department of personnel. (7) "Facility" means any public building or facility of the state but does not include highways. (7.5) "High performance standard certification program" means a building renovation, design, and construction standard that: (a) Is quantifiable, measurable, and verifiable as certified by an independent third party; (b) Reduces the operating costs of state-assisted facilities by reducing the consumption of energy, water, and other resources; (c) Results in the recovery of the increased initial capital costs attributable to compliance with the program over a time period by reducing long-term energy, maintenance, and operating costs; (d) Improves the indoor environmental quality of state-assisted facilities for a healthier work environment; (e) Encourages the use of products harvested, created, or mined within Colorado, regardless of product certification status; (f) Protects Colorado's environment; and (g) Complies with the federal secretary of the interior's standards for the treatment of historic properties when such work will affect properties fifty years of age or older, unless the state historical society, designated in section 24-80-201, determines that such property is not of historical significance, as that term is defined in section 24-80.1-102 (6). (8) "Initial cost" means the required cost necessary to construct a facility or construct or renovate a major facility. (9) "Life-cycle cost" means the cost alternatives, over the economic life of a facility, including its initial cost, the cost of the energy consumed, replacement costs, and the cost of operation and maintenance of the facility. (10) "Major facility" means any building or facility of twenty thousand or more gross square feet and wherein significant energy demands will exist. (11) "Principal representative" means the governing board of a state department, institution, or agency or, if there is no governing board, the executive head of a state department, institution, or agency, as designated by the governor or the general assembly. (12) "State agency" means this state or any department, institution, or other agency of the state, including institutions of higher education. (13) "State-assisted facility" means a facility constructed, or a major facility constructed or renovated, in whole or in part, with state funds or with funds guaranteed or insured by a state agency; except that, for purposes of section 24-30-1305 (9): (a) "State-assisted facility" means a facility that: (I) Is substantially renovated, designed, or constructed with state funds or with funds guaranteed or insured by a state agency and such funds constitute at least twenty-five percent of the project cost; (II) Contains five thousand or more gross square feet; (III) Includes a heating, ventilation, or air conditioning system; and (IV) Has not entered the design phase prior to January 1, 2008. (b) "State-assisted facility" does not include: (I) A facility specified in section 23-1-106 (9), C.R.S.; (II) A facility financed by the Colorado housing and finance authority pursuant to part 7 of article 4 of title 29, C.R.S., or the division of housing in the department of local affairs; or (III) A facility the source of funding for which is section 39-29-110 (1) (b), C.R.S. (14) "State facility" means a facility constructed, or a major facility constructed or renovated, by a state agency. (15) "Substantial renovation" means any renovation the cost of which exceeds twenty-five percent of the value of the property. 24-30-1304. Life-cycle cost - legislative findings and declaration. (1) The general assembly hereby finds: (a) That state-owned and state-assisted facilities have a significant impact on the state's consumption of energy; (b) That energy conservation practices adopted for the design, construction, and utilization of these facilities will have a beneficial effect on the state's overall supply of energy; (c) That the cost of the energy consumed by these facilities over the life of the facilities must be considered, in addition to the initial cost of constructing such facilities; and (d) That the cost of energy is significant, and facility designs must take into consideration the total life-cycle cost, including the initial construction cost, the cost, over the economic life of the facility, of the energy consumed, replacement costs, and the cost of operation and maintenance of the facility, including energy consumption. (2) The general assembly declares that it is the policy of this state to insure that energy conservation practices are employed in the design of state-owned and state-assisted facilities. To this end the general assembly requires all state agencies to analyze the life-cycle cost of each facility constructed, or each major facility constructed or renovated, over its economic life, in addition to the initial construction or renovation cost. 24-30-1305. Life-cycle cost - application - high performance standards - report. (1) The general assembly authorizes and directs that state agencies shall employ design and construction methods for state facilities and design and construction methods for state-assisted facilities under their jurisdiction, in such a manner as to further the policy declared in section 24-30-1304, insuring that life-cycle cost analyses and energy conservation practices are employed in new state-owned and state-assisted facilities and in new or renovated major state-owned and state-assisted facilities. (2) The life-cycle cost analysis shall include but not be limited to such elements as: (a) The coordination, orientation, and positioning of the facility on its physical site; (b) The amount and type of fenestration employed in the facility; (c) Thermal performance and efficiency characteristics of materials incorporated into the facility design; (d) The variable occupancy and operating conditions of the facility, including illumination levels; (e) Architectural features which affect energy consumption; and (f) An energy consumption analysis of a major facility's heating, ventilating, and air conditioning system, lighting system, and all other energy-consuming systems. The energy consumption analysis of the operation of energy-consuming systems in the major facility should include but not be limited to: (I) The comparison of two or more system alternatives; (II) The simulation or engineering evaluation of each system over the entire range of operation of the major facility for a year's operating period; and (III) The engineering evaluation of the energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs. (3) The life-cycle cost analysis performed for each major facility shall provide but not be limited to the following information: (a) The initial estimated cost of each energy-consuming system being compared and evaluated; (b) The estimated annual operating cost of all utility requirements, including consideration of possible escalating costs of energy; (c) The estimated annual cost of maintaining each energy-consuming system; (d) The average estimated replacement cost for each system expressed in annual terms for the economic life of the major facility; and (e) (I) The use of biofuel to provide supplemental or exclusive heating, power, or both for the major facility. For a renovation of a major facility, the cost analysis regarding the use of biofuel shall consider any stranded utility costs. (II) As used in this paragraph (e), "biofuel" means nontoxic plant matter consisting of agricultural or silvicultural crops or their byproducts, urban wood waste, mill residue, slash, or brush. (4) The life-cycle cost analysis shall be certified by a licensed architect or professional engineer, or by both architect and engineer, particularly qualified by training and experience for the type of work involved. (5) In order to protect the integrity of historic buildings, no provision of section 24-30-1304 or this section shall be interpreted to require such analysis with respect to any property eligible for, nominated to, or entered in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society. (6) Selection of the optimum system or combination of systems to be incorporated into the design of state facilities and state-assisted facilities shall be based on the life-cycle cost analysis over the economic life of the facility, unless a request for an alternative system is made and approved by the department prior to beginning construction. (7) The principal representatives of all state agencies shall be responsible for implementing the provisions of this section and the policy established in section 24-30-1304. (8) The provisions of section 24-30-1304 and this section shall not apply to municipalities or counties nor to any agency or department of any municipality or county. (9) (a) The office of the state architect, or an analogous successor office in the department, shall, in consultation with the Colorado commission on higher education, adopt and update from time to time a high performance standard certification program. (b) 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. (c) (I) If the state agency or department estimates that such increased initial costs will exceed five percent of the total cost of the substantial renovation, design, or new construction, the general assembly's capital development committee shall specifically examine such estimate before approving any appropriation for the substantial renovation, design, or new construction. (II) If a state-assisted facility undergoing substantial renovation cannot achieve high performance due to either the historical nature of the building or because the increased costs of renovating the state-assisted facility cannot be recouped from decreased operational costs within fifteen years, an accredited professional shall assert in writing that, as much as possible, the substantial renovation has been consistent with the high performance standard certification program. (III) Any design or new construction of a facility of less than five thousand square feet that is, but for its size, otherwise subject to this section and minor renovation and controlled maintenance of such facilities and facilities that are subject to this section shall be executed to the high performance standards adopted in the high performance standard certification program even if high performance certification is not sought at that time. (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). (d) The department shall report annually to the general assembly's capital development committee regarding contracting documents, project guidelines, and reporting and tracking procedures related to the implementation of this subsection (9). D 005 05 EXECUTIVE ORDER GREENING OF STATE GOVERNMENT Pursuant to the authority vested in the Office of the Governor of the State of Colorado, I, Bill Owens, Governor of the State of Colorado, hereby issue this Executive Order concerning enhancing the efficiency and greening of state government. 1. Background and Need State government needs to operate as efficiently as possible, but at the same time it is important to set an example through efforts to reduce the use of limited resources, increase the cost effectiveness of state government, and improve Colorados environment and the health of our children and future generations. Accordingly, the State of Colorado is committed to business practices that contribute to the mutually compatible goals of economic vitality, a healthy environment and strong communities. The State has already taken significant steps in this direction, particularly under Executive Order D 014 03, Energy Performance Contracting to Improve State Facilities. The Department of Corrections through its Energy Management Program avoids $1.8 million in annual costs (10 percent of its utility budget) and is planning additional facility improvements that could result in avoided annual costs exceeding $1 million. The Department of Human Services through its aggressive program to manage its $5.3 million annual utility budget achieved a 10 percent level of cost avoidance and is implementing projects through performance contracts that will avoid an additional $1,000,000 in annual utility costs. The Department of Personnel and Administration, with the Judicial Department and the Department of Labor & Employment, is using performance contracting for a large-scale, comprehensive effort that captures $800,000 in annual reductions to pay for $14 million in facility upgrades. Other state agencies including the Department of Military Affairs, Colorado School for the Deaf and the Blind, Department of Public Health and Environment, and Department of Natural Resources are implementing similar projects. Within state government, such sustainable practices require decisions based on a systematic evaluation of the costs and long-term impacts of an activity or product on health and safety, communities, and the environment and economy of the State of Colorado. State agencies, through changes in daily operations, ongoing programs, and long-range planning, are able to simultaneously have a significant positive impact on the environment, economic efficiency of state government, and the character of our communities. Government can also foster markets for emerging environmental technologies and products. Finally, state government can be a model for environmental leadership by implementing pollution prevention and resource conservation programs that not only enhance environmental protection, but also save taxpayers money through reduced costs, including reduced material costs, waste disposal costs and utility bills. The most effective manner for state government to implement such programs is through the establishment of systems and procedures to evaluate costs and manage environmental impacts. This system should be developed and implemented consistently across state government with the assistance of the Governors Office of Energy Management and Conservation, Department of Public Health and Environment and Department of Personnel and Administration. 2. Directive A. I hereby direct the Executive Directors of all state agencies and departments to evaluate their current business operations in accordance with the goals of this Order and develop and implement policies and procedures to promote environmentally sustainable and economically efficient practices, including, but not limited to: i. Adopting the United States Green Buildings Councils Leadership in Energy and Environmental Design Green Building Rating System for Existing Buildings (LEED -EB) in operating, maintaining and managing existing buildings, to the extent applicable and practicable. ii. Incorporating LEED for New Construction (LEED-NC) practices to design energy and resource efficient new buildings, to the extent that this is deemed cost effective. iii. Initiating an energy management program to monitor and manage utility usage and costs, as resources become available. B. I hereby direct the Executive Directors of the Governors Office of Energy Management and Conservation, Department of Public Health and Environment, and Department of Personnel and Administration, to establish a Colorado Greening Government Coordinating Council (Council) to include representatives from each state agency and department. C. I hereby direct the Council to develop, implement, and augment programs, plans and policies that save money, prevent pollution and conserve natural resources throughout state government management and operations, including but not limited to source and waste reduction, energy efficiency, water conservation, recycling, fleet operations, environmental preferable purchasing, and establishing state-wide goals to save taxpayers money and reduce environmental impacts. D. I hereby direct State agencies and departments to provide all reasonable assistance and cooperation requested by the Council for the purpose of carrying out this order. E. I hereby direct each State agency or department to annually submit to the Council a list of all projects implemented in accordance with this Executive Order in the previous calendar year and the resultant environmental benefits and cost savings. To assist agencies in this effort, the Governors Office of Energy Management and Conservation offers technical services to all State departments and agencies. 3. Duration This Executive Order shall remain in force until further modification or rescission by the Governor. GIVEN under my hand and the Executive Seal of the State of Colorado, this 15th day of July, 2005. Bill Owens Governor Connecticut HYPERLINK \l "Connecticut_BTT"(back to top) Sec. 16a-38k. Building construction standards for new construction of certain state facilities. Notwithstanding any provision of the general statutes, any new construction of a state facility, except salt sheds, parking garages, maintenance facilities or school construction, that is projected to cost five million dollars or more, and is approved and funded on or after January 1, 2007, shall comply with the regulations adopted pursuant to subsection (b) of this section. The Secretary of the Office of Policy and Management, in consultation with the Commissioner of Public Works and the Institute for Sustainable Energy, shall exempt any facility from complying with said regulations if said secretary finds, in a written analysis, that the cost of such compliance significantly outweighs the benefits. Not later than January 1, 2007, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Public Works, the Commissioner of Environmental Protection and the Commissioner of Public Safety, shall adopt regulations, in accordance with the provisions of chapter 54, to adopt building construction standards that are consistent with or exceed the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program, and thereafter update such regulations as the secretary deems necessary. Delaware HYPERLINK \l "Delaware_BTT"(back to top) TITLE 29, CHAPTER 80., Subchapter II. The Delaware Energy Act 8057. Green Energy Fund. The State Energy Office shall administer moneys in the Green Energy Fund, in consultation with other offices within Department of Natural Resources and Environmental Control (DNREC), the Delaware Economic Development Office and the Division of the Public Advocate, through a program of environmental incentive grants and loans for the development, promotion and support of energy efficiency programs and renewable or alternative energy technology in the State. The State Energy Office shall establish standards, procedures and regulations governing the administration of the Green Energy Fund which are not inconsistent with this subchapter. Up to 7.5% of the moneys deposited in the Green Energy Fund each year may be used for administration of the Fund, and an additional 2.5% of the moneys may be used for outreach activities including marketing, advertising and workshops. The goals which shall guide use of the Green Energy Fund include: Fostering use of energy efficient, renewable and environmentally friendly energy technologies throughout the State in the residential, commercial, industrial, public and agricultural sectors; Promoting research, development and demonstration projects in the fields of energy efficiency and renewable energy technologies; Advocating green public policy initiatives; Establishing and supporting education and public awareness programs; Pursuing community outreach programs; Supporting the development of green industries and generators in the State; Encouraging the construction, maintenance and operation of green buildings, schools and residential developments; and Creating market incentives for the pursuit of renewable energy resources by energy providers in the State. The Green Energy Fund shall be used for programs in Delaware including, but not limited to: The Green Energy Endowment Program: The Green Energy Endowment Program shall provide cash grants from the Green Energy Fund to Customers that have constructed, purchased or leased Renewable Energy Technology and have placed such Renewable Energy Technology in service. Any one cash grant for any one project shall equal the lessor of 50% of the cost of such Renewable Energy Technology or: $250,000 for projects involving commercial applications of solar energy electric generation technology; $31,500 for projects involving residential applications of solar energy electric generation technology; or An amount established by the State Energy Office for all applications of renewable energy technology other than commercial or residential solar energy electric generation technology. Persons eligible for cash grants under the Green Energy Endowment Program shall include: Persons in Delaware receiving services from Conectiv, or its successor, after the adoption of a restructuring plan pursuant to 1005(a) of Title 26; and Persons in Delaware receiving services from a nonregulated electric supplier which is contributing to the Green Energy Fund. Grants made under the Green Energy Endowment Program shall not exceed 65% of all expenditures from the Green Energy Fund on an annual basis. Funds available for grants under the Green Energy Endowment Program will be allocated into a residential pool and a nonresidential pool on an annual basis. Forty percent of the Funds available for grants under the Green Energy Endowment Program will be allocated to the residential pool and 60% of the Funds available for grants under the Green Energy Endowment Program will be allocated to the nonresidential pool. The Technology Demonstration Program: The Technology Demonstration Program shall provide cash grants equal to 25% of the cost of a project which demonstrates the market potential of Renewable Energy Technology in Delaware, with no 1 grant for any 1 project to exceed $200,000. Grants made under the Technology Demonstration Program shall not exceed 25% of all expenditures from the Green Energy Fund on an annual basis. The Research and Development Programs: Under the Research and Development Programs monies will be expended from the Green Energy Fund: To support qualifying research and graduate studies in Delaware in energy efficiency and renewable energy technologies; and To provide grants equal to no greater than 35% of the cost of project for the development of a product in Delaware directly related to Renewable Energy Technology, including but not limited to any product improving the engineering of, adapting or developing Renewable Energy Technology either as an independent piece of Renewable Energy Technology or as a component thereof, with no 1 grant for any one project to exceed $250,000. Grants made under the Research and Development Programs, in the aggregate, shall not exceed 10% of all expenditures from the Green Energy Fund on an annual basis. Solar Energy Curriculum Program. -- The Solar Energy Curriculum Program shall provide cash grants from the Green Energy Fund to high schools in Delaware that are Delmarva Power customers and that create a course, or curriculum, that teaches the science, economics, policy, and hands-on installation of solar photovoltaic technology. Grants made under this program shall provide 100% funding for the installation of a solar photovoltaic system to be used as part of the qualifying school's solar energy curriculum. Total funding may not exceed $10,000 per school for solar equipment only, and shall not prevent the school from participating in the Green Energy Endowment Program. Green Energy Fund dollars committed to such installations shall not exceed $100,000 per year total. The Energy Office shall establish appropriate curriculum eligibility criteria before awarding any such grants. Unexpended Funds. -- Any amount allocated to the Green Energy Endowment Program, the Technology Demonstration Program and the Research and Development Programs and not expended during a particular year shall be considered as part of the Green Energy Fund and available for allocation and expenditure in subsequent years. Provided the Controller General approves, annual funds collected and unused during 1 fiscal year that have been apportioned to the commercial sector in the Green Energy Endowment Program may be moved for use in the residential sector in following years to allow the Energy Office to satisfy application queues should they develop. District of Columbia HYPERLINK \l "District_BTT"(back to top) Division I. Government of District. Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos) Chapter 14. Construction Codes. 6-1412. Construction Codes revisions for green building practices. On or before January 1, 2008, the Mayor, in consultation with the Green Building Advisory Council, shall submit to the Council for approval Construction Codes revisions that shall incorporate as many green building practices as practicable for the Washington, D.C. urban environment. If conflicts arise between the existing Construction Codes and green building practices, green building practices shall have priority; existing Construction Codes requirements may remain, if they are more stringent than a relevant green building practice or when the Director determines that giving priority to a green building practice would not serve the public interest. The Construction Codes revisions shall also update the District's building energy code requirements in effect at the time to those required by the International Energy Conservation Code 2006. Every 6 months after March 8, 2007, the Mayor shall provide a written report on the progress of the current round of Construction Codes revisions to the chairperson of the committee of the Council that oversees the District agency charged with the building permit function. The report accompanying the final Construction Codes revisions shall include a listing and description of each green building practice considered and why each practice was, or was not included, in the respective Construction Codes revision. On or before By January 1, 2010, and after at least every 3 years by January 1 of the relevant year, the Mayor shall submit to the Council for approval Construction Codes revisions that are consistent with the requirements of this section, and that incorporate green building practices developed since the previous Construction Codes revisions. Division I. Government of District. Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos) Chapter 14A. Green Building Requirements. 6-1451.01. Definitions. For the purposes of this chapter, the term: "Addition" has the same meaning as in 6-1410(a)(1). Applicant" means any individual, firm, limited liability company, association, partnership, government agency, public or private corporation, or other entity that submits construction documents for a building construction permit or verification. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. "Building construction permit" means an official document or certificate issued by the Department authorizing the construction or alteration of a building. "Building systems monitoring method" means the specifications for a methodology of collecting information and providing feedback about installed equipment that provide data for the comparison, management, and optimization of actual, as compared to estimated, energy performance. "Construction Codes" means the standards and requirements adopted pursuant to Chapter 14 of this title. "Construction documents" has the same meaning as in 6-1405.02(a)(1). "Construction permit application" has the same meaning as in 6- 1410(a)(4). "Department" means the Department of Consumer and Regulatory Affairs. "Director" means the Director of the Department of Consumer and Regulatory Affairs. "Educational facility" means any building that has the provision of education as its primary use. "ENERGY STAR Portfolio Manager" means the tool developed by EPA ENERGY STAR that rates the performance of a qualifying building, relative to similar buildings nationwide, accounting for the impacts of year-to-year weather variations, building size, location, and several operating characteristics, using the Environmental Protection Agency's national energy performance rating system. "ENERGY STAR Target Finder" means the tool developed by EPA ENERGY STAR that helps set performance goals and energy ratings for building projects during their design phase. "Existing building" has the same meaning as in 6-1410(a)(8). "Full-building commissioning" means the process of verification that a building's energy related systems are installed, calibrated, and perform according to project requirements, design basis, and construction documents. The systems that require commissioning include mechanical and passive heating, ventilation, air conditioning, and refrigeration systems, and associated controls such as lighting, domestic hot water systems, and renewable energy systems. "GBAC" means the Green Building Advisory Council established by 6- 1451.09. "Green building" means an integrated, whole-building approach to the planning, design, construction, operation, and maintenance of buildings and their surrounding landscapes that help mitigate the environmental, economic, and social impacts of buildings, so that they are energy efficient, sustainable, safe, cost-effective, accessible, healthy, and productive. "Green building checklist" means a scorecard developed by the USGBC for the purpose of calculating a score on the appropriate LEED rating system. "Green Building Expedited Construction Documents Review Program" means the processing procedure for qualified building construction permit applications and construction documents established by 6-1451.06. "Green Building Fund" or "Fund" means the Green Building Fund established by 6-1451.07. "Green Communities" means the national green building program designed by Enterprise Community Partners that provides criteria for the design, development, and operation of affordable housing. "Gross floor area" has the same definition as found in section 199.1 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR 199.1). "HVAC&R" means mechanical and passive heating, ventilation, air conditioning, and refrigeration systems. "ICC" means the International Code Council, a nonprofit organization. "IECC" means the International Energy Conservation Code developed by the ICC. " LEED" means the series of Leadership in Energy and Environmental Design green building rating systems designed by the USGBC. " LEED-CI" means the LEED for Commercial Interiors (LEED-CI) green building rating system designed by the USGBC. " LEED-CS" means the LEED for Core and Shell (LEED-CS) green building rating system designed by the USGBC. " LEED-H" means the LEED for New Homes (LEED-H) green building rating system being designed by the USGBC. " LEED-NC" means the LEED for New Construction and Major Renovations (LEED-NC) green building rating system designed by the USGBC. " LEED for Schools" means the LEED green building rating system being designed by the USGBC. "Maintenance accountability method" means a system for maintaining building performance standards, including annual building performance reporting that publicly compares actual energy consumption to benchmarks using the ENERGY STAR Portfolio Manager tool for all building types for which it is available; the description of changes to operations and maintenance arrangements and procedures for major energy-consuming equipment; the maintenance of manuals, manufacturer's literature, model numbers, methods of operation, and maintenance practices for installed building systems; the records of metering systems and mechanisms for the monitoring and control of energy consumption; and the collection of complete "as-built" drawing sets and information on best practices for building maintenance, housekeeping, pest management, and mold prevention. "New construction" means the construction of any building whether as a stand-alone building or an addition to an existing building. The term "new construction" includes new buildings and additions or enlargements of existing buildings, exclusive of any alterations or repairs to any existing portion of a building. "Performance bond" means a bond to secure performance and fulfillment of an obligation under this chapter. "Project" means the construction of single or multiple buildings that are part of one development scheme, built at one time or in phases. "Property disposition by lease" means a lease, inclusive of options, of real property, as defined in 10-801.01, for a period of greater than 20 years. "Property disposition by sale" means a sale of real property, as defined in 10-801.01, in whole or in part, to the highest bidder for real property 10,000 square feet or more. "Public financing" means: Proceeds of any revenue bonds or tax increment financing that result in a financial benefit from an agency, commission, instrumentality, or other entity of the District government; or Financing whose stated purpose is to provide for the new construction or substantial rehabilitation of affordable housing. "Public school" means schools owned, operated, or maintained by the District of Columbia Public Schools ("DCPS"), or a public charter school chartered by DCPS, and those schools' educational facilities. "Substantial improvement" has the same meaning as in section 202 of Title 12J of the District of Columbia Municipal Regulations (12J DCMR 202). "Total project cost" means the total of: Hard construction costs; Site acquisition costs; provided, that a site was