Back 

Energy Efficiency Requirements for Public Buildings

Energy Efficiency Requirements for Public Buildings

Jocelyn Durkay 11/20/2013

Introduction

An increasing number of states are adopting energy efficiency mandates for public buildings through legislation or executive order. Forty seven states have energy efficiency requirements for state-owned or funded public buildings that go beyond the state energy code. Efforts are varied and include specific savings targets and requirements to meet efficiency standards, such as the U.S. Green Building Council’s Leadership in Energy & Environmental Design (LEED) Silver, for new or renovated facilities. Other common standards include those established by the American Society of Heating, Refrigerating and Air‑Conditioning Engineers (ASHRAE), as well as  Green Globes and the U.S. Environmental Protection Agency’s ENERGY STAR. The LEED Silver certification, required in 16 states, is the most common mandate for public buildings. However, half of those states allow the two-globe equivalent of Green Globes in lieu of LEED Silver certification. A majority of states have a requirement for state buildings to achieve any level of LEED or Green Globes standards, ENERGY STAR standards or the ASHRAE 90.1 or IECC model building energy codes. Requirements generally apply to new construction and significant renovations. States may differentiate between state-owned facilities and state-funded facilities.

Click here to view a full report of the 2013 Efficient Buildings Update for more information on state building energy codes

The map below displays states with energy efficiency mandates for state buildings. At least four states—Delaware, Massachusetts, Nevada and Virginia—have mandates only for executive branch state buildings. Alaska has no energy efficiency mandate for state buildings, although the state has requirements for certain public and publically-funded buildings. Pennsylvania and Vermont have energy efficiency mandates for state buildings without specific standards or targets.

 

 

 

50-state energy efficiency requirements for public buildings

Note: information unavailable for territories

Energy Efficiency Requirements for State Buildings

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

Alabama

Executive Order 33 (2006)

Requires that state departments and agencies encourage and promote energy conservation in state-owned buildings. Establishes a goal of a 10 percent energy reduction in state-owned buildings by the conclusion of fiscal year 2008 and 20 percent by fiscal year 2010, as compared to fiscal year 2005 levels. Requires all state agencies to use the latest energy conservation practices in the design, construction, renovation, operation and maintenance in state facilities. Requires state agencies to purchase Energy Star labeled equipment for all new purchases when cost effective.

Executive Order 25 (2011)

Extends the energy standards for state departments and agencies by requiring all state agencies to establish a goal of 30 percent energy reduction by the conclusion of fiscal year 2015, as compared to 2005 levels.

Alaska

Alaska has no energy efficiency mandate for state buildings, although all public facilities and some publicly-funded buildings must meet certain energy efficient requirements.

Ala. Code §44.42.020 et al. (Revised by AK S 220, 2010)

Requires energy audits in public building. Requires state agencies to retrofit at least 25 percent of all public buildings by Jan. 1, 2020 with energy efficient updates if the department determines that retrofitting will result in a net savings in energy costs to the state within 15 years after the completion of the retrofits and if funding is available. Retrofits should meet or exceed the most recently published ASHRAE Standard No. 90.1.

AK H 306 (2010)

Requires the state to have achieve a 15 percent increase in energy efficiency between 2010 and 2020 on a per capita basis. Institutes an energy efficiency policy by encouraging statewide energy efficiency codes for new and renovated residential, commercial and public buildings.

AK S 237 (2010)

Requires the establishment of energy efficiency standards for school construction and major maintenance to state school facilities.

Arizona

Executive Order 2005-05 (2005)
Requires new state-funded buildings to use renewable sources of energy and to meet energy efficiency and green building standards.

Executive Order 2008-29 (2008)
Reaffirms Executive Order 2005-05. Requires all new state-funded buildings 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 must 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.

Ariz. Rev. Stat. Ann. §34-451
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. Energy conservation standards should be in accordance with ASHRAE Standard No. 90.1-2004, a prerequisite for LEED certification.

Arkansas

AR H 1663 (2009)
Creates 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 percent by 2014 and 30 percent by 2017, as 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 percent more efficient than ASHRAE Standard 90.1-2007 as established on January 1, 2009.

AR S 823 (2011)
Promotes the conservation of energy and natural resources in buildings owned by public agencies and institutions of higher education and provides that each public agency occupying a state-owned building shall complete an energy audit using ASHRAE audit procedures and report the findings to the Arkansas Energy Office.

California

Executive Order S-20-04 (2005)
Creates 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 percent by 2015, as compared to 2003 levels. Additionally, requires all new and renovated state buildings to meet the Silver LEED standard, at a minimum.

Cal. Government Code §14710 et seq.
Requires the identification of certain public buildings that are obligated, 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 A 1389 (2008)
Requires the Department of Housing and Urban Community Development to review relevant green building guidelines for submittal to the California Building Standards Commission. Requires the Department to propose mandatory energy efficiency and green buildings standards for state facilities 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 was voluntary through 2009 and thereafter is mandatory. The department must update energy plans biennially and report progress and plans for energy goals in state facilities.

Colorado

CO S 51 (2007)
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 Certification 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 percent of their funding from the state.

Connecticut

CT H 7432 (2008)
Requires 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 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 projected to cost $2 million or more (of which $2 million or more is state funding); (c) new construction of a facility projected to cost $5 million or more (of which $2 million or more is state funding); and (d) renovation of a public school facility projected to cost $2 million or more (of which $2 million or more is state funding). Establishes mandatory efficiency requirements for certain state-purchased equipment: on or after Jan. 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

DE S 59 (2009)
Requires that no county or municipal building have a provision that would conflict with most recent version of the International Code Council (ICC), International Energy Conservation Code. Allows municipalities to exclude agricultural structures.

Executive Order 18 (2010)
Requires that new construction and major renovation projects be designed to meet or exceed the LEED Silver rating. Requires executive branch state agencies and departments to reduce energy consumption by 30 percent by the end of FY 2015, as compared to FY 2008, with specific targets of 10 percent by the end of FY 2011 and 20 percent by the end of FY 2013. This requirement applies to covered entities that occupy either state-owned or state-leased buildings.

Florida

Fla. Stat. §255.251 et seq. (Revised 2008 by FL H 7135)
The “The Florida Energy Conservation and Sustainable Buildings Act” mandates the use of energy efficient equipment and design and solar energy devices for heating and cooling state buildings. Requires 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.

Executive Order 07-126 (2007)
Establishes requirements and goals to decrease greenhouse gas emissions across all state agencies and departments and to increase the energy efficiency of state buildings. The greenhouse gas emissions reduction target includes a 10 percent reduction by 2012, a 25 percent reduction by 2017 and a 40 percent reduction by 2025, as compared to 2007 levels. Adopts LEED-NC for any new building constructed for or by the state and requires new construction projects to strive for LEED Platinum Certification.

FL H 7135 (2008)
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. Requires the Department to renovate all owned and operated buildings to a standard compatible with LEED’s certification for existing buildings.

Georgia

Executive Order 04.24.08.02 (2008)
Creates the Governor’s Energy Challenge 2020 requiring state agencies and departments to reduce energy consumption 15 percent by 2020, as compared to 2007 energy use, through energy efficiency measures and renewable energy development. Energy consumption goals are mandatory for state entities; local governments, schools, businesses and individuals are encouraged to comply.

Ga. Code §50-8-18 (Enacted by GA S 130, 2008)

The "Energy Efficiency and Sustainable Construction Act of 2008" requires the Department of Community Affairs to adopt policies for state-owned and managed buildings that optimize energy performance, conserve energy and encourage obtaining Energy Star designation, among features. Requires all major facilities projects to be designed, constructed, commissioned and modeled to exceed ASHRAE Standard No. 90.1.2004 by 30 percent, where a 30 percent efficiency would be cost effective based on a lifecycle cost analysis with a payback shorter than 10 years. “Major facilities project” is defined as (a) new construction of a building larger than 10,000 square feet; (b) a renovation of a building where the project is more than 50 percent of the replacement value of the facility, a change in occupancy or a roof replacement exceeding 10,000 square feet; or (c) a commercial interior tenant fit-out project exceeding 10,000 square feet of leasable area where the state is the lessor of the property. Exemptions include buildings without conditioned spaces and buildings on historical registries.

Hawaii

HI H 2175 (2006)
Requires energy efficiency and environmental standards for state facilities. Requires each state agency to meet the following requirements to the fullest extent possible: (a) design and construct state buildings to meet the LEED Silver standard, the two Green Globes rating system or another similar guideline approved by the state; (b) meet minimum insulation requirements for state buildings, including new residential facilities that received state funds, by installing high-performance windows, and wherever possible, be oriented to maximize natural ventilation and day-lighting without heat gain and to optimize solar water heating; (c) install solar water heating systems in all state facilities, if life cycle cost-benefit analyses determine it to be cost-effective; (d) implement energy and water conservation practices and incorporate waste minimization and pollution prevention principles into standard operating practices; (e) use life cycle cost-benefit analysis to purchase energy efficient equipment; and (f) purchase environmentally preferable, resource-efficient products and materials.

HI H 1464 (2009)
Before 2011, 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. Opportunities for increased energy efficiency are identified by setting energy benchmarks for these buildings using Energy Star Portfolio Management. Requires buildings to be retro-commissioned every five years.

Idaho

IL H 422 (2008)
The “The Energy Efficient State Building Act” aims 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 percent to 30 percent increased energy efficiency as compared to a similar building on a similar site. A “major facility project” is 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 percent of the assessed value of the existing building.

Illinois

IL S 1601 (2009)
The “Green Buildings Act” clarifies specific components of state building design in order to improve sustainability through renovation projects. Requires LEED and Green Globes certification for projects, as of January 2010, with the costs for certifications funded by the Illinois Tax Increment Fund.

IL H 1013 (2009)
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 percent of a building’s replacement cost and makes the following requirements based on the LEED rating system: (a) new buildings and major renovations of less than 10,000 square feet must meet the highest LEED standard (or equivalent standard) that is practical, with no certification required; and (b) 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. Exemptions are allowed in limited circumstances, including buildings that are not “comfort” conditioned. In addition, agencies could have applied for waivers from the requirements if they demonstrated 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 requirements, exemptions and waivers are made by the Capital Development Board.

IL S 505 (2007)
The “School Construction Law” directs the Capital Development Board 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 board’s Green Building Advisory Committee.

Executive Order 7 (2009)
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. Creates an energy efficiency committee to oversee energy audits, the implementation of subsequent recommendations and the procurement of equipment and services designed to decrease energy consumption at state-owned and state-leased facilities.

IL S 3724 (2012)

Amends the Energy Efficient Building Act by requiring the Capital Development Board to review and adopt the latest edition of the International Energy Conservation Code within a year of its publication. The code will take effect within six months of adoption.

IL S 1595 (2013—sent to Governor)

Creates exemptions to existing statutes that require all new school construction projects to be either LEED or Green Globes certified. Schools of a certain size, renovation projects that are less that 40% of the replacement cost and other circumstances are exempt.

Indiana

Executive Order 08-14 (2008)
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: (a) a rating of Silver on the LEED rating system; (b) a two-globe rating on the Green Globe rating system; (c) an EPA Energy Star building rating; or (d) an equivalent rating under a system accredited under the American National Standards Institute. Requires that renovations or repairs of existing buildings achieve the maximum efficiency level that is cost-effective. Renovations should be carried out with green building guidelines.

Iowa

Executive Order 41 (2005) (Repealed by Executive Order 6, 2008)

Requires state agencies to reduce electricity usage by 15 percent by 2010, as compared to energy usage in 2000. Requires state agencies to purchase equipment with the lowest life-cycle costs when cost-effective.

Executive Order 6 (2008)

Requires state agencies to reduce energy consumption by an additional 15 percent by 2013, accounting for workforce growth and changes in building operations. Established the Green Governance Master Plan, which recommends completing energy audits within one year and energy conservation measures for state facilities.

IA S 517 (2008)

Requires the commissioner to adopt standards and requirements for sustainable design and construction based on nationally recognized ratings, certifications or classification systems. The standards and requirements apply to construction projects only if expressly authorized by statute or established by a state agency by rule.

Executive Order 20 (2009)

Requires the Department of Management and the Department of Administrative Services to conduct energy efficient measures including energy efficiency retrofits for state buildings and other energy conservation measures.

Kentucky

KY H 240 (2010) (Repealed and re-enacted KY H 2, 2008)
Requires that all construction or renovation of public buildings for which 50 percent 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: (a) increases environmental performance and economic value over time; (b) safeguards the health of occupants; (c) enhances satisfaction and productivity of workers through energy-efficient systems; (d) incorporates environmentally friendly materials and products; and (e) reduces waste. LEED certification is required for all new public buildings. The larger the budget and 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 apply to all building leases for the state or any of its agencies after July 1, 2018.

KY S 132 (2010)
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 and includes criteria for building evaluation.

Louisiana

LA S 240 (2007)
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 percent. Until December 31, 2009, this requirement applies only to new projects larger than 15,000 square feet. After Dec. 31, 2009, the following building sizes are also required to comply with these requirements: projects larger than 10,000 square feet, from January 1, 2010 through December 31, 2010 and projects larger than 5,000 square feet from Jan. 1, 2011 and thereafter. These requirements also apply to major renovation projects that involve more than 50 percent of the replacement value of the facility or a change in occupancy.

LA S 538 (2012)

Adopts new editions of buildings codes listed in the Commercial Building Energy Conservation Code.

Maine

Executive Order 8 (2003)
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
Requires all planning and design for the construction of new or 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 percent; and (c) a life cycle cost analysis over a minimum of 30 years that explicitly addresses the costs and benefits of efficiency improvements.

ME H 1619 (2008)

Establishes the Maine Uniform Building and Energy Code, setting the mandatory energy standards for residential, commercial and public buildings in the state. Mandatory standards include the 2009 International Energy Conservation Code and ASHRAE Standard 90.1-2007.

ME S 64 (2013)

Repeals provisions regarding the energy efficiency building performance standards to reflect the state Uniform Building and Energy Code. Directs the Public Utility Commission to repeal the rules that established the standards of the state Model Building Energy Code.

Maryland

MD S 267 (2006)
Requires energy consumption in state buildings to be reduced by 5 percent by 2009 and 10 percent by 2010, as compared to a 2005 baseline.

MD S 208 (2008)
The “Maryland High Performance Buildings Act” 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.

MD S 234 (2010)
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.

Massachusetts

Executive Order 484 (2007)
The “Leading by Example: Clean Energy and Efficient Buildings” requires the following mandates for state government buildings under control of the executive office: (a) overall energy consumption at state-owned and state-leased buildings is to be reduced by 20 percent by FY 2012 and 35 percent by FY 2020, based on a FY 2004 baseline; (b) reduce state government unadjusted greenhouse gas emissions 25 percent by FY 2012, 40 percent by FY 2020 and 80 percent by 2050 based on a FY 2002 baseline; (c) all new construction and significant renovation projects over 20,000 square feet must meet the Massachusetts LEED Plus green building standard; (d) for projects smaller than 20,000 square feet, all projects must meet the state’s minimum energy performance standards; and (e) agencies shall also adopt specific energy efficiency measures such as use of programmable thermostats and the use of motion sensors or timing devices in rooms used only intermittently.

Michigan

Executive Order 2005-4 (2005)
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
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 Jan. 1, 2004 and major renovations funded from bond proceeds after Jan. 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 percent.

Mississippi

Miss. Code Ann. §31-11-35 (Revised 2013 by MS H 1266)

Requires the Department of Finance and Administration to adopt rules and regulations based on a nationally recognized high performance environmental building rating system that optimizes the energy performance of state funded buildings for major facility projects. “Major facility projects” are considered (a) a state-funded new construction building project that is larger than 20,000 square feet from the period of July 1 through Dec. 31, 2009, larger than 15,000 square feet for 2010 the calendar year, larger than 10,000 square feet for the 2011 calendar year and larger than 5,000 square feet beginning Jan. 1, 2012 or (b) a state-funded renovation project which involves more than 50 percent of the replacement value of the facility where compliance if cost-effective and practical. Building construction or renovation financed, in whole or in part, through community development block grants are considered major facility projects.

Miss. Code Ann. §57-39-21 (Revised 2013 by MS H 1281)

Requires the development of energy efficiency standards for state-owned buildings for thermal and lighting standards, cogeneration of heating, cooling, electricity and passive solar energy design concepts. Standards apply to all buildings, as defined as any structure which includes provisions for a heating system, cooling system, both systems or for a hot water system, except exempted buildings.

MS H 1266 (2013)

Requires major facility projects to be designed and constructed to meet or exceed ASHRAE Standard No. 90.1-2010 or a more stringent code adopted by the Department of Finance and Administration and the Bureau of Building, Grounds and Real Property Management.

MS H 1281 (2013)

Revises the energy efficiency standards for commercial buildings, including state and municipal buildings, to adopt the ASHRAE Standard No. 90.1-2010. Excludes buildings owned by the federal government and buildings or portions of buildings whose peak energy usage is less than 3.4 Btu per hour per square foot or one watt per square foot of floor area. Authorizes the building commission to ensure compliance in state-owned buildings.

Missouri

Mo. Rev. Stat. §8.810 et seq.
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 percent of the building’s square footage or cost at least 50 percent 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. 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 and devices to reduce water consumption.

Montana

MT S 49 (2009)
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 percent or to the extent that it is cost effective.

Nebraska

NE L 329 (2011)
Updates the state adoption of 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 requirements for historic buildings. Requires that a training program for local code officials and residential and commercial builders be established upon implementation of a new Nebraska Energy Code.

Nevada

Nev. Rev. Stat. §701.215 et seq.
Requires state agencies, departments and other entities in the Executive Branch to reduce grid-based energy purchases for state-owned buildings by 20 percent by 2015.

NV S 395 (2009)

Requires the State Public Works Board to develop energy efficiency standards and performance guidelines for the design and construction of state buildings. Standards and performance guidelines must be cost-effective over the lifetime of a project. The board may consider standards such as those established by LEED, Green Globes, Energy Star, ASHRAE, IECC or the Federal Energy Management Program. Requires the Chief of Purchasing Division of the Department of Administration to establish standards to be used by agencies when purchasing new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil. Standards must require appliances receive the Energy Star label, unless it is not cost-effective across the lifecycle of the appliance.

NV A 464 (2011)

Revises the Nevada Revised Statute §341.091 (Enacted by NV S 395, 2009) to require the State Public Works Board to consider either the LEED or Green Globes standards when developed energy efficiency standards and performance guidelines.

New Hampshire

Executive Order 2005-04 (2005)
Requires that new construction and renovation designs of state buildings exceed the state energy code by at least 20 percent and that energy modeling be used during the design process.

NH S 409 (2010)
Requires buildings or structures constructed or renovated using state funding to meet high performance, energy efficient and sustainable design standards. The commissioners of the Department of Environmental Services and the Department of Administrative Services are responsible for determining standards. Buildings must be able to recover costs within 10 years. Exemptions are made for buildings less than 25,000 square feet, buildings that do not consume energy for heating, ventilating or air conditioning, renovations estimated to cost less than $1,000,000, temporary structures, the university system of New Hampshire, certain public school facilities or special efficiency projects.

New Jersey

N.J. Rev. Stat. § 52:32-5.3 et seq.
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 (2002)
Requires all new state school designs to incorporate LEED guidelines in order to achieve maximum energy efficiency and environmental sustainability in school facilities.

New Mexico

Executive Order 2006-001 (2006)
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 and green building practices to the maximum extent possible.

NM S 200 (2010)
Establishes energy efficiency standards for public buildings that receive initial state appropriations after July 1, 2011. Requires new buildings, building additions of 3,000 square feet or more and buildings undergoing certain system renovations to be designed and constructed to attain Energy Star certification or an alternative, equivalent standard specified by rule of the Energy, Minerals and Natural Resources Department. Exemptions include 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 (2001)
Mandates the following requirements for energy efficiency in state buildings: (a) state agencies, including all public-benefit corporations and public authorities where the heads are appointed by the Governor, must reduce energy consumption by 35 percent from 1990 levels by 2010 in buildings that they own, lease or operate; (b) all affected entities must establish targets and schedules to establish peak electric demand reduction targets for each state facility by 2005 and 2010; (c) new state construction and substantial renovations must follow LEED guidelines to the maximum extent practicable; and (d) new state buildings shall exceed the state energy code by at least 20 percent and substantial renovations shall exceed the code by at least 10 percent.

NY A 7246 (2008) (Repealed by NY A 7246, 2009)
The “State Green Building Construction Act” requires state agencies, departments, boards, public benefit corporations and commissions to follow green building guidelines, such as LEED, Green Globes and the American National Standards Institute, when constructing or substantially renovating state buildings.

NY A 7246 (2009)
Repeals the State Green Building Construction Act of 2008 to create 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

NC S 668 (2007) (Revised by NC S 1946, 2008)
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 percent 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 percent for new buildings and 20 percent for major renovations. Existing buildings purchased by the State must meet certain energy and water conservation standards, including satisfying applicable State law or local ordinance in effect during its time of construction (an exemption is provided for historic buildings or buildings with architectural or cultural significance). Requires State buildings to reduce their energy consumption per square foot by 20 percent by 2010 and 30 percent by 2025, using FY 2003-2004 as a baseline. Certain conservation measures are required in existing state-owned buildings, including the utilization of LEDs and compact fluorescent light bulbs and the installation of low-flow shower heads.

North Dakota

North Dakota requires state-owned buildings to comply with energy efficiency mandates in the state building code. Energy efficiency mandates and requirements are adopted by reference in the North Dakota Century Code. Specific provisions for energy efficiency mandates are listed in the State Building Code. As of 2011, the State Building Code requires compliance with the state’s building code or ASHRAE Standard No. 90.1-1989 for state buildings.

N.D. Cent. Code §54-21.3

Outlines the requirements for compliance with the state building code. Does not exempt state agencies from compliance with the state building code.

Ohio

Ohio School Facilities Commission Resolution 07-124 (2007)
Requires all new school construction projects to achieve Silver LEED certification, with a goal of Gold Certification.

Ohio Rev. Code. Ann. §3345.69 (Enacted by OH H 25, 2007)
Requires institutions of higher education to have: (a) minimum efficiency standards for any new on- or off-campus capital improvement project with a cost of $100,000 or more; (b) minimum efficiency standards for the leasing of buildings larger than 20,000 square feet; and (c) requirements that each board develop their own 15-year plan for phasing in efficiency and conservation improvements.

Executive Order 2007-02S (2007)
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 percent during the next year and 15 percent during the next four fiscal years.

Oklahoma

Okla. Stat. 6, §213 (Enacted by OK H 3394, 2008)
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 percent 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 percent 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 and state archive buildings are exempted from the requirements.

Oregon

Or. Admin. Rules §330-130-0010 et seq.
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 percent. Existing buildings must reduce energy use by 20 percent compared to the building’s baseline energy use in 2000.

OR H 2005 (2013)

Requires the Director of the Department of Consumer and Business Services to adopt amendments to the state building code, establishing mechanical insulation standards for energy efficiency, after evaluation of the code by the Construction Industry Energy Board. The Construction Industry Energy Board may evaluate and approve proposed state building code standards on energy use and energy efficiency measures in electrical, structural, prefabricated structures and low-rise residential specialty codes. The proposed standards evaluated by the board may include standards for energy-conserving technology, construction methods, products and materials.

Pennsylvania

Pennsylvania requires state-owned buildings to comply with energy efficiency mandates in the state building code. Energy efficiency mandates are adopted by reference in the Pennsylvania Consolidated Statutes. Specific provisions for energy efficiency mandates are listed in the state’s Uniform Construction Code. Currently, the Uniform Construction Code includes the 2009 International Energy Conservation Code.

Pa. Cons. Stat. 35 §7210.101 et al

Requires the Department of Labor and Industry to adopt energy-related standards for the state’s Uniform Construction Code. The department should balance energy savings with initial construction costs in developing these standards. Declares that all state-owned buildings are subject to this act and the Uniform Construction Code.

Rhode Island

R.I. S 232 (2009), Public Law 2009-212
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 building projects and renovations if they have received state funding for the applicable project.

South Carolina

SC H 4766 (2008)
Requires state agencies and public school districts to develop energy conservation plans for a goal of a 20 percent reduction in energy use by 2020. 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. These requirements do not apply to institutions of higher learning smaller than 10,000 square feet or buildings designed for athletics or research. Each agency and school district is required to submit annual reports detailing their programs and accomplishments to the State Energy Office.

S.C. Code Ann. §48-52-10 et seq.
The “Sustainable Construction Act of 2007” 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) 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; (b) normal industry and regulatory standards as applicable; or (c) 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.

SC H 4639 (2012)

Adopts the 2009 ICC International Energy Conservation Code as the state energy standard, effective January 1, 2013.

South Dakota

S.D. Codified Laws Ann. § 5-14-32 et seq.
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: (a) the building will have minimal human occupancy; (b) the increased capital cost will not be recouped within 15 years from decreased operational costs; (c) the standard would conflict with existing historic properties laws; (d) the square footage of a renovation project is less than 50 percent of the total square footage of the building; or (e) the South Dakota Bureau of Administration determines that the standard is impractical for a given project.

SD H 1011 (2010)
Revises definitions regarding high-performance green building standards. Updates LEED rating system from a previous version.

Tennessee

TN S 2300 (2009)
Establishes a state building energy management program that may execute tasks including implementing energy cost saving measures in buildings under the jurisdiction of the State Building Commission. Measures may include maintenance, repair or replacement of lighting and mechanical equipment and related controls.

TN H 1268 (2013)

Encourages the state building commission to ensure all state buildings are energy efficient by developing high performance building requirements and standards that meet or exceed the 2005 Sustainable Design Guidelines.

Texas

Tex. Government Code §2306.187 (Enacted by TX H 3693, 2007)
Mandates several specific efficiency-related requirements for different sectors, including: (a) requiring low wattage light bulbs for housing and educational buildings for institutes of Higher Education; and (b) requiring low wattage light bulbs and Energy Star appliances and equipments for state-owned or leased Buildings.

TX H 51 (2011)
Amends energy efficiency standards for institutions of higher education and certain government buildings and facilities. Applies to the construction or renovation of a facility where the cost is greater than $2 million or more than 50 percent of the value of the facility, if the cost is less than $2,000,000. Standards must meet energy standards adopted by the state Energy Conservation Office and include maximum energy use and the most cost-effective technology.

Utah

UT H 80 (2006)
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.

UT H 202 (2013)

Amends the State Construction Code to adopt the 2012 edition of the International Energy Conservation Code and modifies statewide amendments to the new 2012 code, including insulation and fenestration requirements.

UT H 310 (2013)

Modifies the State Construction Code to adopt the 2012 edition of several ICC construction and building codes. Modifies statewide amendments to the State Construction Code and repeals certain local amendments.

Vermont

Vermont’s energy efficiency requirement for state buildings does not provide specific targets but does require incorporation of energy efficient technology.

VT H 533 (2013)

Requires the Department of Buildings and General Services to incorporate the use of renewable energy sources, energy efficiency and thermal energy conservation in any new building construction or major renovation project in excess of $250,000, unless a life cycle cost analysis demonstrates that the investment cannot be recouped or there are limitations on siting. The "life cycle cost" of each building construction or major renovation project is defined as the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities' costs or benefits.

Virginia

Executive Order 82 (2009)
Requires that new buildings and major renovations be built with LEED Silver or Green Globes two-globes standards. This requirement is only for new buildings over 5,000 square feet. “Major renovations” is defined as a cost greater than 50% of the building value.

VA S 160 (2012)

The “High Performance Building Act” requires design, construction and renovation projects of public buildings to meet Virginia Energy Conservation and Environmental Standards. The Department of General Services is responsible for developing standards using LEED green building rating standards, Green Globes building standards and other appropriate requirements. Any executive branch agency or institution entering the design phase for the construction of a new building greater than 5,000 square feet in size or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building must conform to Virginia standards for the design, construction and operation of the project.

VA H 1167 (2012)

Requires any executive branch agency or institution entering the design phase for the construction of a new building greater than 5,000 square feet in size or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building, shall conform to VEES and the building shall be designed, constructed, verified and operated to comply with the high performance building certification program. The Director of the Department of General Services may grant an exemption from the standards if special circumstances make the construction or renovation to the standards impracticable.

Washington

Executive Order 05-01 (2005)
Requires state agencies to adopt green building practices in the construction of all new buildings and in major renovation of existing buildings. “Major renovations” is defined as projects involving over 60 percent of a facility. Beginning in 2005, building projects over 25,000 square feet must meet the LEED Silver standard, or be certified by a credible third party.

Wash. Rev Code §39.35D.010 et seq. (Enacted by WA S 5509, 2005)
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.

West Virginia

WV S 76 (2012)

Requires new facility projects of public agencies and projects receiving state funds, including public schools, after July 1, 2012 to be designed and constructed to comply with the International Energy Conservation Code Standard No. 90.1-2007.

Wisconsin

WI S 459 (2006)
The “Energy Efficiency and Renewables Act” 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.

Executive Order 145 (2006)
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 percent by 2008 and 20 percent by 2010, based on FY 2005 baseline and adjusted for weather. New state facilities are required to be 30 percent more efficient than commercial code.

Share this: 
Fall Forum 2014
State Vote
We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill.

NCSL Member Toolbox

Denver

7700 East First Place
Denver, CO 80230
Tel: 303-364-7700 | Fax: 303-364-7800

Washington

444 North Capitol Street, N.W., Suite 515
Washington, D.C. 20001
Tel: 202-624-5400 | Fax: 202-737-1069

Copyright 2014 by National Conference of State Legislatures