FLORIDA ENERGY CONSERVATION IN BUILDINGS ACT (Section 255.251-258, Florida Statute)

255.251 Energy Conservation in Buildings Act; short title.--This act shall be cited as the "Florida Energy Conservation in Buildings Act of 1974."

255.252 Findings and intent.--

(1) Operating and maintenance expenditures associated with energy equipment and with energy consumed in state-financed and leased buildings represent a significant cost over the life of a building. Energy conserved by appropriate building design not only reduces the demand for energy but also reduces costs for building operation. For example, commercial buildings are estimated to use from 20 to 80 percent more energy than would be required if energy-conserving designs were used. The size, design, orientation, and operability of windows, the ratio of ventilating air to air heated or cooled, the level of lighting consonant with space-use requirements, the handling of occupancy loads, and the ability to zone off areas not requiring equivalent levels of heating or cooling are but a few of the considerations necessary to conserving energy.

(2) Significant efforts are underway by the General Services Administration, the National Institute of Standards and Technology, and others to detail the considerations and practices for energy conservation in buildings. Most important is that energy-efficient designs provide energy savings over the life of the building structure. Conversely, energy-inefficient designs cause excess and wasteful energy use and high costs over that life. With buildings lasting many decades and with energy costs escalating rapidly, it is essential that the costs of operation and maintenance for energy-using equipment be included in all design proposals for state buildings.

(3) In order that such energy-efficiency considerations become a function of building design, and also a model for future application in the private sector, it shall be the policy of the state that buildings constructed and financed by the state be designed and constructed in a manner which will minimize the consumption of energy used in the operation and maintenance of such buildings. It is further the policy of the state, when economically feasible, to retrofit existing state-owned buildings in a manner which will minimize the consumption of energy used in the operation and maintenance of such buildings.

(4) In addition to designing and constructing new buildings to be energy-efficient, it shall be the policy of the state to operate, maintain, and renovate existing state facilities, or provide for their renovation, in a manner which will minimize energy consumption and ensure that facilities leased by the state are operated so as to minimize energy use. Agencies are encouraged to consider shared savings financing of such projects, using contracts which split the resulting savings for a specified period of time between the agency and the private firm or cogeneration contracts which otherwise permit the state to lower its energy costs. Such contracts may be funded from the operating budget.

255.253 Definitions; ss. 255.251-255.258.--

(1) "Department" means the Department of Management Services.
(2) "Facility" means a building or other structure.
(3) "Energy performance index or indices" (EPI) means a number describing the energy requirements at the building boundary of a facility, per square foot of floor space or per cubic foot of occupied volume, as appropriate under defined internal and external ambient conditions over an entire seasonal cycle. As experience develops on the energy performance achieved with state building, the indices (EPI) will serve as a measure of building performance with respect to energy consumption.

(4) "Life-cycle costs" means the cost of owning, operating, and maintaining the facility over the life of the structure. This may be expressed as an annual cost for each year of the facility's use.

(5) "Shared savings financing" means the financing of energy conservation measures and maintenance services through a private firm which may own any purchased equipment for the duration of a contract, which shall not exceed 10 years unless so authorized by the department. Such contract shall specify that the private firm will be recompensed either out of a negotiated portion of the savings resulting from the conservation measures and maintenance services provided by the private firm or, in the case of a cogeneration project, through the payment of a rate for energy lower than would otherwise have been paid for the same energy from current sources.

255.254 No facility constructed or leased without life-cycle costs.--

(1) No state agency shall lease, construct, or have constructed, within limits prescribed herein, a facility without having secured from the department a proper evaluation of life-cycle costs, as computed by an architect or engineer. Furthermore, construction shall proceed only upon disclosing, for the facility chosen, the life-cycle costs as determined in s. 255.255 and the capitalization of the initial construction costs of the building. The life-cycle costs shall be a primary consideration in the selection of a building design. Such analysis shall be required only for construction of buildings with an area of 5,000 square feet or greater. For leased areas of 20,000 square feet or greater within a given building boundary, a life-cycle analysis shall be performed, and a lease shall only be made where there is a showing that the life-cycle costs are minimal compared to available like facilities.

(2) On and after January 1, 1979, no state agency shall initiate construction or have construction initiated, prior to approval thereof by the department, on a facility or self-contained unit of any facility, the design and construction of which incorporates or contemplates the use of an energy system other than a solar energy system when the life-cycle costs analysis prepared by the department has determined that a solar energy system is the most cost-efficient energy system for the facility or unit.

(3) After September 30, 1985, when any state agency must replace or supplement major items of energy-consuming equipment in existing state-owned or leased facilities or any self-contained unit of any facility with other major items of energy-consuming equipment, the selection of such items shall be made on the basis of a life-cycle cost analysis of alternatives in accordance with rules promulgated by the department under s. 255.255.

255.255 Life-cycle costs.-- (1) The department shall promulgate rules and procedures, including energy conservation performance guidelines, for conducting a life-cycle cost analysis of alternative architectural and engineering designs and alternative major items of energy-consuming equipment to be retrofitted in existing state-owned or leased facilities and for developing energy performance indices to evaluate the efficiency of energy utilization for competing designs in the construction of state-financed and leased facilities.

(2) Such life-cycle costs shall be the sum of:

(a) The reasonably expected fuel costs over the life of the building, as determined by the department, that are required to maintain illumination, power, temperature, humidity, and ventilation and all other energy-consuming equipment in a facility, and

(b) The reasonable costs of probable maintenance, including labor and materials, and operation of the building.

(3) To determine the life-cycle costs as defined in paragraph (2)(b), the department shall promulgate rules that shall include, but not be limited to:

(a) The orientation and integration of the facility with respect to its physical site.

(b) The amount and type of glass employed in the facility and the directions of exposure.

(c) The effect of insulation incorporated into the facility design and the effect on solar utilization of the properties of external surfaces.

(d) The variable occupancy and operating conditions of the facility and subportions of the facility.

(e) An energy consumption analysis of the major equipment of the facility's heating, ventilating, and cooling system, lighting system, hot water system, and all other major energy-consuming equipment and systems as appropriate. This analysis shall include:

1. The comparison of alternative systems.

2. A projection of the annual energy consumption of major energy-consuming equipment and systems for a range of operation of the facility over the life of the facility.

3. The evaluation of the energy consumption of component equipment in each system, considering the operation of such components at other than full or rated outputs.

(4) Such rules shall be based on the best currently available methods of analysis, including such as those of the National Institute of Standards and Technology, the Department of Housing and Urban Development, and other federal agencies and professional societies and materials developed by the department. Provisions shall be made for an annual updating of rules and standards as required.

255.256 Energy performance index.--The department shall promulgate rules for energy performance indices as defined in s. 255.253(3) to audit and evaluate competing design proposals submitted to the state.

255.257 Energy management; buildings occupied by state agencies.--

(1) ENERGY CONSUMPTION AND COST DATA.--Each state agency shall collect data on energy consumption and cost. The data gathered shall be on state-owned facilities and metered state-leased facilities of 5,000 net square feet or more. These data will be used in the computation of the effectiveness of the state energy management plan and the effectiveness of the energy management program of each of the agencies.

(2) ENERGY MANAGEMENT COORDINATORS.--Each state agency, the Florida Public Service Commission, the Department of Military Affairs, and the judicial branch shall appoint a coordinator whose responsibility shall be to advise the head of the agency on matters relating to energy consumption in facilities under the control of that head or in space occupied by the various units comprising that agency, in vehicles operated by that agency, and in other energy-consuming activities of the agency. The coordinator shall implement the energy management program agreed upon by the agency concerned.

(3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The Department of Management Services may develop a state energy management plan consisting of, but not limited to, the following elements:

(a) Data-gathering requirements;

(b) Building energy audit procedures;

(c) Uniform data analysis procedures;

(d) Employee energy education program measures;

(e) Energy consumption reduction techniques;

(f) Training program for agency energy management coordinators; and

(g) Guidelines for building managers.

The plan shall include a description of actions to reduce consumption of electricity and nonrenewable energy sources used for space heating and cooling, ventilation, lighting, water heating, and transportation.

255.258 Shared savings financing of energy conservation in state-owned buildings.--

(1) It is the policy of the state to encourage agencies to consider financing energy conservation measures and maintenance services through the use of shared savings financing as defined in s. 255.253(5), any other statutes to the contrary notwithstanding.

(2) Except as noted in subsection (4), state agency shared savings contracts shall be developed in accordance with a model contract to be developed by the department in cooperation with the Attorney General, the Chief Financial Officer, and the Department of Community Affairs. The model contract shall include the methodology for calculating base line energy costs, a procedure for revising these costs should the state institute additional energy conservation features or building use change, a requirement for a performance bond guaranteeing that the facility will be restored to the original condition in the event of default, a provision for early buy-out, a clause specifying who will be responsible for maintaining the equipment, and a provision allowing the disposal of equipment at the end of the contract. No agency shall substantially alter the provisions described in the model without the permission of the department.

(3) Contracts subject to this act shall be considered as contracts for the acquisition or purchase of commodities as defined in chapter 287.

(4) Agencies desiring to implement shared savings demonstration programs prior to adoption of formal rules shall do so in cooperation with the Department of Community Affairs and the Department of Management Services.

(5) Notwithstanding chapter 366, provision of electric power to a state agency pursuant to a shared savings contract shall be allowed when a state agency is the sole recipient of electric power from a cogeneration facility, other than an electric utility, owned by a private firm but located on the agency's premises when a state agency has the ability to purchase the facility at the end of the contractual term. As used in this subsection, the term "premises" means the single unit of property on which the cogeneration facility and the state agency's facility to which power is supplied is located.

(6) Nothing herein shall affect the Public Service Commission's jurisdiction to set just, equitable, and reasonable rates for electric service pursuant to chapter 366.



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