Green Building and Energy Efficiency Requirements for Public Buildings

Updated December 2011

Forty states currently have legislation concerning energy efficiency in state-funded building construction, including student housing.

Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Kentucky | Louisiana | Maine |  Maryland | Massachusetts | Michigan | Minnesota | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | Ohio | Oklahoma | Oregon | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Washington | Wisconsin

Mandates

Arizona

Executive Order 2005-05
Status: Enacted (2/11/05)
Summary: Requires new state-funded buildings to use renewable sources of energy and to meet energy efficiency and green building standards.

Executive Order 2008-29
Status: Enacted (12/16/08)
Summary: Reaffirmed Executive Order 2005-05. Additionally, requires all state-funded buildings constructed after February 11, 2005 to be designed and constructed in a manner that allows for 10% of their energy to be derived from renewable energy resources. Further, all new state-funded buildings are required to meet the “silver” LEED standard, at a minimum. Finally, the Arizona Department of Transportation, Arizona Department of Administration and the Arizona School Facilities Board are required to submit annual reports to the Governor and to the Department of Administration summarizing: (a) actions taken to achieve the renewable and energy efficiency goals of the Order; (b) the extent to which the goal has been achieved; and (c) if the goal was not achieved, an explanation of why and an assessment of what can be done to achieve the goals.

A.R.S. § 34-451
Status: Enacted
Summary: Requires the Department of Commerce to adopt energy conservation standards for all new capital projects, including buildings designed and constructed by school districts, community college districts, and universities. Pursuant to this mandate, the Department of Commerce selected ASHRAE Standard No. 90.1-2004, which is also a prerequisite for LEED certification.

Arkansas

H.B. 1663
Status: Enacted (4/14/2009)
Summary: Created the Sustainable Energy-Efficient Buildings Program, which directs the Arkansas Energy Office to develop a plan for reducing energy use in all existing state-owned major facilities by 20% by 2014 and 30% by 2017 (when compared to 2008 levels). Major facilities are defined as construction projects larger than 20,000 gross square feet. For new construction, the Program requires that all public buildings be certified to be at least 10% more efficient than ASHRAE Standard 90.1-2007 (as it existed on January 1, 2009).

S.B. 823
Status: Enacted (3/30/2011 – Act No. 803)
Summary: Promotes the conservation of energy and natural resources in buildings owned by public agencies and institutions of higher education, provides that each public agency occupying a state-owned building shall complete an energy audit using American Society of Heating, Refrigerating and Air-Conditioning Engineers audit procedures and report the findings to the Arkansas Energy Office.

California

Executive Order S-20-04
Status: Enacted (12/14/2005)
Summary: Created the Green Building Action Plan to improve the energy performance of all state buildings and reduce grid-based energy usage in those buildings by 20% by 2015 (when compared to 2003 levels). Additionally, requires all new and renovated state buildings to meet the “silver” LEED standard, at a minimum.

CA Government Code § 14710 et seq.
Status: Enacted
Summary: Requires the identification of certain public buildings that are required, where feasible, to reduce energy consumption, achieve energy efficiencies, produce onsite electrical generation, or reduce the level of peak electricity consumption by use of alternative energy equipment, thermal energy storage technologies, or cogeneration equipment.

CA Assembly Bill 1389
Status: Enacted (2008)
Summary: Requires the Department of Housing and Urban Community Development to review relevant green building guidelines for submittal to the California Building Standards Commission. Additionally, requires the Department to propose mandatory green building standards that it has determined are cost-effective and feasible. In July 2008, the Commission passed the California Green Building Standards Code, with aims to reduce water and energy use in buildings. The Code is voluntary through 2009 and thereafter is mandatory. The Code does not preempt more stringent local policies.

Colorado

S.B. 51
Status: Enacted (2007)
Summary: Establishes mandatory sustainability requirements for the design and construction of state-owned and state-assisted buildings. Pursuant to the bill, the Office of the State Architect sets LEED “gold” as its minimum standard. This standard must be achieved by all new facilities and major renovation projects over 5,000 square feet that receive at least 25% of their funding from the state.

Connecticut

H.B. 7432
Status: Enacted (2008)
Summary: Required the Connecticut Office of Policy and Management, in consultation with the Commissioner of Public Works, the Commissioner of Environmental Protection and the Commissioner of Public Safety, to adopt building construction regulations for state facilities. The standards used must meet or exceed the “silver” LEED rating for new commercial construction and major renovation projects, or an equivalent standard (i.e. the “two-globe” rating under the Green Globes program). State-funded building projects that are required to comply with these standards include: (a) any new construction of a state facility with a projected cost of $5 million or more; (b) renovation of a state facility that is projected to cost $2 million or more (of which $2 million or more is state funding); (c) new construction of a facility that is projected to cost $5 million or more (of which $2 million or more is state funding); and (d) renovation of a public school facility that is projected to cost $2 million or more (of which $2 million or more is state funding). Finally, established mandatory efficiency requirements for certain state-purchased equipment – on or after January 1, 2009, residential furnaces and boilers purchased by the state are required to meet or exceed fuel consumption efficiency standards set forth in the bill.

Delaware

Executive Order 18
Status: Enacted (2/17/2010)
Summary: Requires that new construction and major renovation projects be designed to meet or exceed the LEED “silver” rating. Additionally, requires executive branch state agencies and departments to reduce energy consumption by 30% by the end of FY 2015 (when compared to FY 2008), with specific targets of 10% by the end of FY 2011 and 20% by the end of FY 2013. This requirement applies to covered entities that occupy either state-owned or state-leased buildings. On-site wind, photovoltaics, and combined heat and power are specifically identified as measures that should be evaluated for implementation.

S.B. 59
Status: Enacted (7/29/2009 – Chapter Number 187)
Summary: Relates to energy conservation, provides that no county or municipal building shall contain any provision which shall be materially at variance with most recent version of the International Code Council (ICC), International Energy Conservation Code, provides that municipalities may exclude agricultural structures.

Florida

Fla. Stat. § 255.251 et seq. (“The Florida Energy Conservation and Sustainable Buildings Act”)
Status: Enacted (1974) NOTE: Amended in 2008 by H.B. 7135
Summary: Mandated the use of energy efficient equipment and design and solar energy devices for heating and cooling state buildings where solar systems will be cost-effective over the life of the building. Further required that each state agency housed by the Department of Management Services provide the Department with an efficiency project list for state-owned facilities of more than 5,000 square feet by July 1, 2009. Finally, requires that all new educational facilities include passive solar design and specifically, that schools with hot water demands exceeding 1,000 gallons per day include a solar water heating system that provides at least 65% of hot water needs (whenever economically feasible).

Executive Order 07-126
Status: Enacted (7/13/2007)
Summary: Established requirements and goals to decrease greenhouse gas emissions across all state agencies and departments and to increase the energy efficiency of state buildings. Specifically, the greenhouse gas emissions reduction target includes a 10% reduction by 2012, a 25% reduction by 2017, and a 40% reduction by 2025 (compared to 2007 levels). Additionally, adopted LEED-NC for any new building constructed for or by the state and requires new construction projects to strive for LEED “platinum” certification.

H.B. 7135
Status: Enacted (6/25/2008)
Summary: Mandates that buildings constructed and financed by the state must comply with the LEED system, the Green Globes system, the Florida Green Building Coalition standards, or a similar nationally recognized, high-performance green building rating system. Requires the Department of Management Services to adopt the LEED standards for all new buildings and to strive for “platinum” certification. Additionally, requires the Department to renovate all existing buildings they own and operate to a standard compatible with LEED’s certification for Existing Buildings.

Georgia

Executive Order 04.24.08.02
Status: Enacted (4/24/2008)
Summary: Created the Governor’s Energy Challenge 2020 requiring state agencies and departments to reduce energy consumption 15% by 2020 (using 2007 energy use as a baseline). Further requires reductions in energy use to come from energy efficiency measures and/or from renewable energy development. These energy consumption goals are mandatory for state entities, but local governments, schools, businesses and individuals are encouraged to comply as well.

Hawaii

H.B. 2175
Status: Enacted (5/2006)
Summary: Requires energy efficiency and environmental standards for state facilities. Each state agency must meet the following requirements to the fullest extent possible:

1. Buildings must be designed and constructed to meet the LEED “silver” standard, the two Green Globes rating system (or another similar guideline approved by the state).
2. State buildings, including new residential facilities receiving state funds, must meet minimum insulation requirements, install high-performance windows, and wherever possible, be oriented to maximize natural ventilation and day-lighting without heat gain and to optimize solar water heating.
3. Solar water heating systems must be installed in all state facilities (if life cycle cost-benefit analyses determine it to be cost-effective).
4. State agencies must implement energy and water conservation practices in operations and are required to incorporate waste minimization and pollution prevention principles into standard operating practices.
5. Agencies should use life cycle cost-benefit analysis to purchase energy efficient equipment.
6. Agencies are required to purchase environmentally preferable, resource-efficient products and materials.

H.B. 1464
Status: Enacted (6/2009)
Summary: By the end of 2010, state agencies are required to evaluate the energy efficiency of all existing public buildings that are larger than 5,000 square feet or use more than 8,000 kWh annually. Further, opportunities for increased energy efficiency must be identified by setting energy benchmarks for these buildings using ENERGY STAR Portfolio Management. Additionally, requires buildings to be retro-commissioned every five years.

H.R.S. 46 19.6
Status: Enacted
Summary: Requires priority processing for all construction or development permits for projects that achieve the LEED “silver” rating or equivalent.

Idaho

H.B. 422 (“The Energy Efficient State Building Act”)
Status: Enacted (5/2008)
Summary: Aimed to reduce the amount of energy consumed by state facilities by requiring all major facility projects, to the extent feasible and practical, to be designed, constructed and certified to meet a target of at least 10% to 30% increased energy efficiency (when compared to a similar building on a similar site). A “major facility project” is defined as one constructed by a state agency or for use by a state agency and that is 5,000 gross square feet, including building renovation projects greater than 5,000 gross square feet with project cost greater than 50% of the assessed value of the existing building.

Illinois

S.B. 1601
Status: Enacted (8/24/2009)
Summary: Takes effect beginning in January 2010 and clarifies specific components of state building design in order to improve sustainability through renovation projects. Further requires LEED and Green Globes certification – the costs for these certifications are funded by the Illinois Tax Increment Fund.

H.B. 1013 (“The Green Buildings Act”)
Status: Enacted (7/2009)
Summary: Requires all new state-funded construction or major renovations to seek LEED, Green Globes, or equivalent certification. “Major renovations” includes projects with a budget of at least 40% of a building’s replacement cost and makes the following requirements based on the LEED rating system:

1. New buildings and major renovations of less than 10,000 square feet must meet the highest LEED standard (or equivalent standard) that is practical. No certification required.
2. New buildings and renovations of 10,000 square feet or larger must be LEED “silver” (or two-globe rating in the Green Globe program) certified and receive all LEED credits determined mandatory by the Capital Development Board (“CDB”).

Exemptions are allowed in limited circumstances, including buildings that are not “comfort” conditioned. In addition, agencies may apply for waivers from the requirements if they can demonstrate that complying with the requirements would result in one of the following: (a) unreasonable financial burden; (b) an impediment to construction, (c) a functional impairment to the building, or (d) would compromise the historic nature of the building. Final decisions regarding these requirements and exemptions/waivers are made by the CDB.

Public Act No. 95-0416 (“The School Construction Law”)
Status: Enacted (8/24/2007)
Summary: Directs the CDB to only issue grants to school projects with LEED for Schools or a comparable rating system certification, or to projects that meet the standards set forth by the CDB’s Green Building Advisory Committee.

Executive Order 7
Status: Enacted (4/2009)
Summary: Directs the Department of Central Management Services to implement a program to increase energy efficiency, track and reduce energy usage, and improve energy procurement for all state-owned and state-leased facilities. Further, creates an “Energy Efficiency Committee” to oversee energy audits, the implementation of subsequent recommendations, and the procurement of equipment/services designed to decrease energy consumption at state-owned and state-leased facilities.

Indiana

Executive Order 08-14
Status: Enacted (6/24/2008)
Summary: Requires the Indiana Department of Administration to develop design standards for all new state buildings, with a goal of achieving energy efficiency. These rules apply to all state agencies, departments, boards, offices, commissions, and public universities. To demonstrate energy efficiency, adherence to one of the following standards must be demonstrated:

1. A rating of “silver” on the LEED rating system;
2. A two-globe rating on the Green Globe rating system;
3. An EPA ENERGY STAR building rating; or
4. An equivalent rating under a system accredited under the American National Standards Institute.

The Order further requires that renovations or repairs of existing buildings achieve the maximum efficiency level that is cost-effective. Renovations are to be carried out with green building guidelines.

Kentucky

H.B. 2
Status: Enacted (4/24/08) NOTE: Repealed and reenacted by H.B. 240 (2/25/2010)
Summary: Requires that all construction or renovation of public buildings for which 50% or more of the total capital cost is paid by the state must be renovated or designed to meet high-performance building standards. A “high-performance building standard” is defined as a public building that is designed, constructed and capable of being operated in a manner that:

1. Increases environmental performance and economic value over time;
2. Safeguards the health of occupants;
3. Enhances satisfaction and productivity of workers through energy-efficient systems;
4. Incorporates environmentally friendly materials and products; and
5. Reduces waste.

Additionally, LEED certification is required for all new public buildings. In general, the higher the budget and the bigger the project, the higher level of LEED certification that is required. Exemptions are available from LEED certification upon a showing of “extraordinary undue burden.” These requirements will additionally apply to all building leases for the state or any of its agencies after July 1, 2018.

S.B. 132
Status: Enacted (4/13/2010 – Act No. 134)
Summary: Relates to efficient design in school buildings, creates new sections to support and encourage the construction and renovation of school buildings using efficient design concepts, establishes a Kentucky efficient school design trust fund, requires the Department of Education to develop and publish guidelines for efficient school design, requires the department to provide annual reports, includes criteria for building evaluation.

Louisiana

S.B. 240
Status: Enacted (7/6/2007)
Summary: Requires energy efficiency measures to be incorporated in the construction and renovation of major facility projects funded by the state. Each project must be designed, constructed, and certified to exceed the requirements of the state energy code by at least 30%. Until December 31, 2009, this requirement applied only to new projects larger than 15,000 square feet. After December 31, 2009, the following building sizes are also required to comply with these requirements:

1.  From January 1, 2010 through December 31, 2010 – projects larger than 10,000 square feet.
2.  From January 1, 2011 and thereafter – projects larger than 5,000 square feet.

These requirements also apply to major renovation projects that involve more than 50% of the replacement value of the facility or a change in occupancy.

Maine

Executive Order 8
Status: Enacted (11/24/2003)
Summary: Requires LEED standards to be incorporated into the design, construction, operation and maintenance of any new, expanded or existing building owned or operated by any state agency, board, office, commission or department, including institutions of higher education, provided that doing so is cost-effective over the life of the building.

5 M.R.S. § 1764-A
Status: Enacted (7/1/2004)
Summary: Requires all planning and design for the construction of new of substantially renovated buildings owned or leased by the state to include: (a) the consideration of energy efficiency; (b) an energy-use target that exceeds standards for commercial and institutional buildings by at least 20%; and (c) a life cycle cost analysis over a minimum of 30 years that explicitly addresses the costs and benefits of efficiency improvements.

Maryland

S.B. 267
Status: Enacted (2006)
Summary: Requires energy consumption in state buildings to be reduced by 5% by 2009 and 10% by 2010 (relative to a 2005 baseline).

S.B. 208 (“Maryland High Performance Buildings Act”)
Status: Enacted (4/2008)
Summary: Requires that capital projects involving the construction or major renovation of state buildings meet the criteria for classification as a “high performance building.” New schools being constructed with state assistance must also meet this standard. “High performance buildings” are defined as buildings that achieve at least a “silver” LEED rating (or a comparable numeric rating on an approved and nationally recognized system). “Major renovation” is defined as any project that has a scope of 7,500 square feet or greater; reuses the building shell for the new construction; and involves the replacement of the HVAC, electrical, and plumbing systems. The state also has clean energy procurement requirements for state facilities.

S.B. 234
Status: Enacted (5/20/2010 – Chapter No. 527)
Summary: Makes the High Performance Buildings Act applicable to community college capital projects that receive State funds, authorizes a community college to apply for a waiver from specified high performance building requirements under a waiver process established by the Department of Budget and Management and the Department of General Services, relates to projects on or before a specified date.

Massachusetts

Executive Order 484 (“Leading by Example: Clean Energy and Efficient Buildings”)
Status: Enacted (4/18/2007)
Summary: Requires the following mandates for state government buildings under control of the executive office:

1. Overall energy consumption at state-owned and state-leased buildings is to be reduced by 20% by FY 2012 and 35% by FY 2020 (based on FY 2004 baseline).
2. Reduce state government unadjusted greenhouse gas emissions 25% by FY 2012, 40% by FY 2020, and 80% by 2050 (based on FY 2002 baseline).
3. All new construction and significant renovation projects over 20,000 square feet must meet the Massachusetts LEED Plus green building standard. For projects smaller than 20,000 square feet, all projects must meet the state’s minimum energy performance standards.
4. Agencies shall also adopt specific energy efficiency measures (e.g. use of programmable thermostats and the use of motion sensors or timing devices in rooms used only intermittently).

Further requires the state government to procure 15% of agency annual electricity consumption from renewable sources by FY 012 and 30% by FY 2020.

Michigan

Executive Order 2005-4
Status: Enacted (4/22/2005)
Summary: Requires that all state-funded new construction and major renovation projects over $1 million be built in accordance with LEED guidelines.

Minnesota

Minn. Stat. § 16B.325
Status: Enacted (5/29/2001) (subsequently amended in 2008)
Summary: Requires the Departments of Administration and Commerce to develop Sustainable Building Design Guidelines for all new state buildings. These guidelines are mandatory for new buildings funded fully or in part by state bond money after January 1, 2004 and major renovations funded from bond proceeds after January 1, 2009. The “Major renovations” provision was added in 2008 and is defined as encompassing more than 10,000 square feet or involving the complete replacement of a mechanical, ventilation, or cooling system. These guidelines further require that projects exceed the January 2004 state energy code by 30%. Additionally, the guidelines mandate that certain state building designs evaluate the possibility of using active and passive solar systems and earth-sheltered construction in addition to the 2% on-site wind and solar provision.

Missouri

R.S. Mo. § 8.810 et seq.
Status: Enacted (1993)
Summary: Requires life cycle cost analyses for all new construction of state buildings and substantial renovations of existing state buildings when major energy systems are involved. “Substantial renovations” involve projects that will affect at least 50% of the building’s square footage or cost at least 50% of its market value. The analysis must further take into account the initial construction costs and the proposed energy consumption, operation, and maintenance costs over a 25-year time window. The final design must have the lowest life cycle cost possible while still meeting the building’s space and use requirements. Additionally, the analysis is required to examine all commercially available technology, including renewable energy sources, earth-sheltered construction, systems to recover and use waste heat, thermal storage heat pump systems, ambient thermal technology, district heating and cooling systems, devices to reduce water consumption, etc.

Montana

S.B. 49/MCA § 17-7-213
Status: Enacted (4/1/2009)
Summary: Creates mandatory energy efficiency standards for state-owned and state-leased buildings. The standards apply to new construction and major renovation projects for state-owned buildings and to new construction projects for state-leased buildings. The buildings must exceed the effective International Energy Conservation Code by 20% (to the extent that it is cost effective).

Nebraska

NE L 329
Status: Enacted – Signed by Governor (4/14/2011)
Summary: Updates the International Energy Conservation Code in provisions requiring new state buildings, buildings constructed with state funds, and newly built houses or buildings to meet or exceed requirements of the Code, clarifies the definition of building, clarifies requirements for historic buildings, provides that a specified training program for local code officials and residential and commercial builders shall be established upon adoption and implementation of a new Nebraska Energy Code.

Nevada

NRS § 701.215 et seq.
Status: Enacted
Summary: Requires state agencies, departments, and other entities in the Executive Branch to reduce grid-based energy purchases for state-owned buildings by 20% by 2015.

New Hampshire

Executive Order 2005-04
Status: Enacted (7/14/2005)
Summary: Requires that new construction and renovation designs of state buildings exceed the state energy code by at least 20% and further, that energy modeling be used during the design process.

S.B. 409
Status: Enacted (7/20/2010 – Chapter No. 347)
Summary: Requires buildings or structures constructed or renovated using state funding to adhere to certain energy efficiency and building standards.

New Jersey

N.J. Stat. § 52:32-5.3 et seq.
Status: Enacted (1/13/2008)
Summary: Mandates the use of high performance green building standards in new state construction. Specifically, requires that new state buildings larger than 15,000 square feet constructed for the sole use of state entities achieve “silver” LEED certification, a two-globe rating on the Green Globe rating system, or a comparable numeric rating from another accredited sustainable building certification program.

Executive Order 24
Status: Enacted (7/29/2002)
Summary: Requires all new state school designs to incorporate LEED guidelines in order to achieve maximum energy efficiency and environmental sustainability in all school facilities.

New Mexico

Executive Order 2006-001
Status: Enacted (1/16/2006)
Summary: Requires new construction of public buildings over 15,000 square feet or using over 50kW peak electrical demand and renovations involving the replacement of more than 3 major systems (HVAC, lighting, etc.) to achieve a minimum LEED rating of “silver.” Projects between 5,000 and 15,000 square feet must achieve a minimum delivered energy performance standard of one half of the U.S. energy consumption for that building type (as defined by the U.S. Department of Energy). All other new construction, renovations, repairs and replacements of state buildings must employ cost-effective, energy efficient, green building practices to the maximum extent possible.

S.B. 200
Status: Enacted (3/8/2010)
Summary: Requirements apply to certain building projects throughout the state that receive state funding. New buildings and building additions of 3,000 square feet or more, and buildings undergoing certain system renovations, must be designed and constructed to attain ENERGY STAR certification. Exemptions are provided for historic buildings and projects where the costs of compliance would exceed the estimated life cycle savings of the project.

New York

Executive Order 111
Status: Enacted (6/10/2001)
Summary: mandates the following requirements for energy efficiency in state buildings:

1. State agencies, including all public-benefit corporations and public authorities where the heads are appointed by the Governor, must reduce energy consumption by 35% from 1990 levels by 2010 in buildings that they own, lease, or operate.
2. All affected entities must establish targets and schedules to establish peak electric demand reduction targets for each state facility by 2005 and 2010.
3. New state construction and substantial renovations must follow LEED guidelines to the maximum extent practicable.
4. New state buildings shall exceed the state energy code by at least 20% and substantial renovations by at least 10%.

A.B. 7246 (“State Green Building Construction Act”)
Status: Enacted (9/2008)
Summary: Requires state agencies, departments, boards, public benefit corporations, and commissions to follow green building guidelines (i.e. LEED, Green Globes, and the American National Standards Institute) when constructing or substantially renovating state buildings.

A.B. 7246
Status: Enacted (8/26/2009 – Chapter No. 380)
Summary: Repeals the State Green Building Construction Act, creates a new State Green Building Construction Act, requires the substantial renovation of state buildings to comply with green building standards established by the Office of General Services.

North Carolina

S.B. 668/S.B. 1946
Status: Enacted (8/31/2007 and 8/8/2008, respectively)
Summary: Requires reduction in the amount of energy, water and other resources consumed by the State government in their buildings and facilities. These standards apply to all new buildings owned by the State, the University of North Carolina, and the North Carolina Community College system, which are larger than 20,000 square feet. Also included are renovation projects where the cost is greater than 50% of the insurance value and the project is greater than 20,000 square feet. Applicable projects must be designed, constructed and certified to exceed the energy efficiency requirements of ASHRAE 90.1-2204 by 30% for new buildings and 20% for major renovations. Additionally, new buildings must consume 20% less potable water than the North Carolina Plumbing Code requires, and 50% less outdoor water than typical facilities using conventional systems. Further, existing buildings purchased by the State must meet certain energy and water conservation standard, including satisfying applicable State law or local ordinance in effect during its time of construction (an exception is provided for historic buildings or buildings with architectural or cultural significance). In addition, requires State buildings to reduce their energy consumption per square foot by 20% by 2010 and 30% by 2025 (using FY 2003-2004 as a baseline). Finally, certain conservation measures are required in existing state-owned buildings, including, but not limited to, the utilization of LEDs and compact fluorescent light bulbs, and the installation of low-flow shower heads.

Ohio

Ohio School Facilities Commission Resolution 07-124
Status: Enacted (9/27/2007)
Summary: Requires all new school construction projects to achieve “silver” LEED certification, with a goal of “gold” certification.

H.B. 251/ORC § 3345.69
Status: Enacted (1/4/2007)
Summary: Requires the following of institutions of higher education:

1. Minimum efficiency standards for any new on- or off-campus capital improvement project with a cost of $100,000 or more.
2. Minimum efficiency standards for the leasing of buildings larger than 20,000 square feet.
3. Requirement that each board develop their own 15-year plan for phasing in efficiency and conservation improvements.

Executive Order 2007-02S
Status: Enacted (1/17/2007)
Summary: Requires all state agencies, boards and commissions to conduct energy audits for all state-owned and state-leased facilities by June 2007. Each entity is required to reduce statewide energy use in their facilities by 5% during the next year, and 15% during the next four fiscal years.

Oklahoma

H.B. 3394/61 Okl. St. § 213
Status: Enacted (6/3/2008)
Summary: Requires the state to develop a high-performance building certification program for state construction and renovation projects; program must meet the certification guidelines of either the LEED system or the Green Globes rating system. The requirement applies to new construction or substantial renovation projects that begin the design phase after July 1, 2008 in buildings larger than 10,000 square feet. “Substantial renovations” is defined as projects that cost in excess of 50% of the value of the facility. In order to be considered a “state project” for purposes of the requirements, state funds or state-insured funds must constitute at least 50% of the project cost. State agencies are directed to meet the highest level of certification attainable under a payback period of 5 years or less. Public schools (K-12) and state archive buildings are exempted from the requirements.

Oregon

OAR § 330-130-0010 et seq.
Status: Enacted (2001)
Summary: Requires that all state facilities constructed on or after June 30, 2001 exceed the energy conservation provisions of the Oregon State Building Code by at least 20%. Existing buildings must reduce energy use by 20% compared to the building’s baseline energy use in 2000.

Rhode Island

Public Law 2009-212/S.B. 232
Status: Enacted (11/13/2009)
Summary: Requires that public building construction projects of at least 5,000 square feet and public building renovation projects of at least 10,000 square feet be designed and built to achieve LEED or equivalent certification. This requirement also extends to school district buildings/renovations if they have received state funding for the applicable project.

South Carolina

H.B. 4766
Status: Enacted (2008)
Summary: Requires state agencies and public school districts to develop energy conservation plans towards an ultimate goal of a 20% reduction in energy use by 2020. Additionally, agencies and districts are required to implement all energy saving improvements that are cost-effective over a five-year time horizon. The energy reduction goals do not apply to buildings designed, constructed, and maintained under Sustainable Construction Act of 2007. With regard to institutions of higher learning, these requirements do not apply to buildings smaller than 10,000 square feet or buildings designed for athletics or research. Finally, each agency and school district is required to submit annual reports detailing their programs and accomplishments to the State Energy Office.

S.C. Code § 48-52-10 et seq. (“Sustainable Construction Act of 2007”)
Status: Enacted (6/20/2007)
Summary: Requires all major facility projects in the state to be designed, constructed, and, at a minimum, attain two globes under the Green Globes rating system or the LEED “silver” standard. All major facility projects in the state must be analyzed using a life cycle cost analysis approach, comparing the cost and benefits of designing, constructing, maintaining, and operating the facility at the LEED “silver” standard or the two globes standard, or better, with certification; normal industry and regulatory standards as applicable; or some standard between the two that causes the project to be designed and constructed in a manner that achieves the lowest 30-year life cycle cost. The program does not apply to a public kindergarten, elementary school, middle school, secondary school, junior high school, or high school.

South Dakota

SDCL § 5-14-32 et seq.
Status: Enacted (3/17/2008)
Summary: Mandates the use of high performance building standards in new state construction and renovations. Requires that new and renovated state buildings achieve the LEED “silver” rating, a two-globe rating under the Green Globe rating system, or a comparable numeric rating from another accredited sustainable building certification program. These requirements apply to all new construction projects and renovations by state agencies, departments, or institutions that cost more than $500,000 or include more than 5,000 square feet of space. The state may waive these requirements if:

1. The building will have minimal human occupancy;
2. The increased capital cost will not be recouped within 15 years from decreased operational costs;
3. The standard would conflict with existing historic properties laws;
4. The square footage of a renovation project is less than 50% of the total square footage of the building; or
5. The South Dakota Bureau of Administration determines that the standard is impractical for a given project.

Tennesee

S.B. 2300
Status: Enacted (6/25/2009 – Chapter No. 529)
Summary: Relates to energy efficiency and conservation, provides for a state building energy management program.

Texas

H.B. 3693/Tex Gov’t Code § 2306.187
Status: Enacted (6/15/2007)
Summary: Mandates several specific efficiency related requirements for different sectors, including, but not limited to:

1. Institutes of Higher Education: Low wattage light bulbs for housing and educational buildings.
2. State-owned or leased Buildings: ENERGY STAR appliances and equipment; low wattage light bulbs.

Utah

H.B. 80
Status: Enacted (3/17/2006)
Summary: Each state entity is required to develop a program to manage energy efficiency and cost conservation and to appoint a staff member to coordinate the energy efficiency program. Additionally, requires capital development projects started after June 1, 2009 to be certified LEED “silver.”

Virginia

Executive Order 82
Status: Enacted (6/10/2009)
Summary: Requires that new buildings (over 5,000 square feet) and major renovations (where the cost is greater than 50% of building value) be built with LEED “silver” or Green Globes two-globes standards.

Washington

Executive Order 05-01
Status: Enacted (01/2005)
Summary: Requires state agencies to adopt green building practices in the construction of all new buildings and in major (over 60%) renovation of existing buildings. Beginning in 2005, building projects over 25,000 square feet must meet the LEED “silver” standard, or be certified by a credible third party.

S.B. 5509/RCW § 39.35D.010 et seq.
Status: Enacted (07/2005)
Summary: Requires all state agencies, institutions of higher education and other entities receiving state funding to meet at least the LEED “silver” standard in design, construction, and maintenance (to the extent appropriate).

S.B. 5300
Status: Enacted (4/18/2011 – Chapter No. 99)
Summary: Enhances the use of Washington natural resources in public buildings; requires the Department of General Administration and the Superintendent of Public Instruction, for purposes of determining compliance with the requirement for a project to be designed, constructed, and certified to at least the LEED silver standard, to credit one additional point for a project that uses wood products with a credible third-party sustainable forest certification or from forests regulated under the forest practices act.

Wisconsin

S.B. 459 (“Energy Efficiency and Renewables Act”)
Status: Enacted (3/17/2006)
Summary: Requires the Department of Administration to prescribe and annually review energy efficiency standards and to ensure that all state buildings and equipment purchased for those buildings maximize energy efficiency to the extent technically and economically feasible. Additionally, requires that geothermal technologies in space and water heating be used whenever technically and economically feasible.

Executive Order 145
Status: Enacted (4/11/2006)
Summary: Requires the Department of Administration to set energy efficiency goals for state facilities, office buildings, complexes and campuses that reduce the overall energy use per square foot by 10% by 2008 and 20% by 2010 (based on FY 2005 baseline, adjusted for weather). New state facilities are required to be 30% more efficient than commercial code.

Incentives

Arkansas

Act 1770: The Arkansas Energy and Natural Resources Conservation Act
Status: Enacted (7/1/2005)
Summary: Encourages all state agencies, including higher education institutions, to use LEED and Green Globes rating systems whenever possible in conducting or funding a public building project. Additionally, Title 22 of the Arkansas Code of 1987 provides that those pursuing LEED certification receive additional credit for the use of composite wood and agri-fiber products, post-consumer recycled content, renewable bio-based materials, carbon-sequestering bio-based materials, and bio-based materials from other certified sources. Those using the Green Globes rating system receive additional credit for carbon-sequestering , bio-based materials and bio-based materials from certified sources.

Georgia

ARRA
Status: Enacted (2009)
Summary: The Georgia Environmental Facilities Authority is using ARRA funding to fund state agency retrofit projects.

Louisiana

ARRA
Status: Enacted (2009)
Summary: The EmPower Louisiana State Buildings-Lead by Example Program is using approximately $25.7 million in ARRA funding to fund energy efficiency improvements on state buildings.

Maryland

S.B. 208 (“Maryland High Performance Buildings Act”)
Status: Enacted (4/2008)
Summary: For fiscal years 2010 through 2014, the state will pay 50% of the local share of extra costs incurred as the result of the requirement that new schools meet the criteria for classification as a “high performance building.”

Massachusetts

H.B. 5054
Status: Enacted
Summary: Appropriates $30 million to the state government for use in procuring 15% of agency annual electricity consumption from renewable sources by FY 2012 and 30% by FY 2020, as set forth in Executive Order 484.

Minnesota

S.B. 2030
Status: Enacted (5/2008)
Summary: Grants $500,000 annually to coordinate and implement the development of new Sustainable Building 2030 performance standards for state buildings. Requires that at least $350,000 of this amount be spent for subcontracts to undertake technical projects. These standards are designed to achieve energy consumption reductions of 60% in 2010 (using a 2003 baseline), increasing 10% every five years to an ultimate goal of 90% in 2025.

Utah

H.B. 198
Status: Enacted (3/8/2008)
Summary: Requires the legislature to appropriate the State Building Energy Efficiency Program at 0.065% of the replacement cost for existing state facilities to that agency unless there is a deficit, in which case funding drops to 0.045%. The interest rate is 0% for improvements made from these loans.