Government Code § 447.004

Sec. 447.004. DESIGN STANDARDS. (a) The state energy conservation office shall establish and publish mandatory energy and water conservation design standards for each new state building or major renovation project, including a new building or major renovation project of a state-supported institution of higher education. The office shall define "major renovation project" for purposes of this section and shall review and update the standards biennially. (b) The standards established under Subsection (a) must: (1) include performance and procedural standards for the maximum energy and water conservation allowed by the latest and most cost-effective technology that is consistent with the requirements of public health, safety, and economic resources; (2) be stated in terms of energy and water consumption levels that meet energy standards adopted by the state energy conservation office and that: (A) achieve a 15 percent reduction in water use when compared to water use based on plumbing fixtures selected in accordance with the Energy Policy Act of 1992 (Pub. L. No. 102-486); or (B) comply with water conservation standards published by the state energy conservation office; (3) consider the various types of building uses; and (4) allow for design flexibility, including allowing for certification under any high-performance design evaluation system approved by the state energy conservation office. (b-1) A building to which this section applies must be designed and constructed or renovated so that the building achieves certification under any high-performance design evaluation system approved by the state energy conservation office that: (1) is developed and revised through a nationally recognized consensus-based process or by a municipally owned utility in this state; (2) provides minimum requirements for energy use, natural resources use, and indoor air quality; (3) requires substantiating documentation for certification; (4) requires on-site, third-party, post-construction review and verification for certification, or a third-party, post-construction, rigorous review of documentation and verification for certification; and (5) encourages the use of materials or products manufactured or produced in this state. (b-2) The state energy conservation office shall appoint an advisory committee to advise the office in selecting one or more high-performance building design evaluation systems to approve for use under Subsection (b-1). At least once every two years, the advisory committee shall review available high-performance building standards and make recommendations to the office. The advisory committee consists of: (1) one individual appointed by the comptroller who represents the state energy conservation office and who serves as the presiding officer of the committee; (2) eight individuals with experience and expertise in high-performance buildings or related products, including experience and expertise in energy efficiency, water efficiency, or low-impact site development, with one individual selected from each of the following lists of nominees: (A) a list submitted by the president of the Texas Society of Architects; (B) a list submitted by the presidents of the Texas Council of Engineering Companies and Texas Society of Professional Engineers; (C) a list submitted by the president of the Associated Builders and Contractors of Texas and the presiding officer of the executive committee of the Associated General Contractors, Texas Building Branch; (D) a list submitted by the president of the Texas chapter of the American Society of Landscape Architects; (E) a list submitted by the president of the Texas Chemical Council; (F) a list submitted by the Texas State Building and Construction Trades Council; (G) a list submitted by the president of the Texas chapter of the Urban Land Institute; and (H) a list submitted by the chair of the Brick Industry Association; (3) the director of facilities construction and space management appointed under Section 2152.104; (4) one individual representing the Energy Systems Laboratory of the Texas Engineering Experiment Station of The Texas A&M University System; (5) one individual representing a state agency that has a substantial ongoing construction program; and (6) one individual representing the interests of historically underutilized businesses. (b-3) A contract between a state agency and a private design professional relating to services in connection with the construction or renovation of a building to which this section applies must provide that, for billing purposes, any service provided by the private design professional that is necessary to satisfy the certification requirements of Subsection (b-1) is considered an additional service rather than a basic service. A governmental entity may not disallow the allocation of federal deductions to eligible design professionals authorized by the Energy Policy Act of 2005 (Pub. L. No. 109-58). (c) Any procedural standard established under this section must be directed toward specific design and building practices that produce good thermal resistance and low infiltration and toward requiring practices in the design of mechanical and electrical systems that maximize energy and water efficiency. The procedural standards must address, as applicable: (1) insulation; (2) lighting; (3) ventilation; (4) climate control; (5) water-conserving fixtures, appliances, and equipment or the substitution of non-water-using fixtures, appliances, and equipment; (6) water-conserving landscape irrigation equipment; (7) landscaping measures that reduce watering demands and capture and hold applied water and rainfall, including: (A) landscape contouring, including the use of berms, swales, and terraces; and (B) the use of soil amendments that increase the water-holding capacity of the soil, including compost; (8) rainwater harvesting equipment and equipment to make use of water collected as part of a storm-water system installed for water quality control; (9) equipment for recycling or reusing water originating on the premises or from other sources, including treated municipal effluent; (10) equipment needed to capture water from nonconventional, alternate sources, including air conditioning condensate or graywater, for nonpotable uses; (11) metering equipment needed to segregate water use in order to identify water conservation opportunities or verify water savings; (12) special energy requirements of health-related facilities of higher education and state agencies; and (13) any other item that the state energy conservation office considers appropriate. (c-1) The procedural standards adopted under this section must require that: (1) on-site reclaimed system technologies, including rainwater harvesting, condensate collection, or cooling tower blow down, or a combination of those system technologies, for potable and nonpotable indoor and outdoor water use be incorporated into the design and construction of: (A) each new state building with a roof area measuring at least 10,000 square feet; and (B) any other new state building for which the incorporation of such systems is feasible; and (2) rainwater harvesting system technology for potable and nonpotable indoor and outdoor water use be incorporated into the design and construction of each new state building with a roof area measuring at least 50,000 square feet that is located in an area of this state in which the average annual rainfall is at least 20 inches. (c-2) The procedural standards required by Subsection (c-1) do not apply to a building if the state agency or institution of higher education constructing the building: (1) determines that compliance with those standards is impractical; and (2) notifies the state energy conservation office of the determination and provides to the office documentation supporting the determination. (c-3) The procedural standards required by Subsection (c-1)(2) apply to a building described by that subdivision unless Subsection (c-2) applies or the state agency or institution of higher education constructing the building provides the state energy conservation office evidence that the amount of rainwater that will be harvested from one or more existing buildings at the same location is equivalent to the amount of rainwater that could have been harvested from the new building had rainwater harvesting system technology been incorporated into its design and construction. (d) A state agency or an institution of higher education shall submit a copy of its design and construction manuals to the state energy conservation office as the office considers necessary to demonstrate compliance by the agency or institution with the standards established under this section. (e) A state agency may not begin construction of a new state building or a major renovation project before the design architect or engineer for the construction or renovation has: (1) certified to the appropriate authority having jurisdiction that the construction or renovation complies with: (A) the standards established under this section; and (B) the alternative energy and energy-efficient architectural and engineering design evaluation requirements under Sections 2166.401, 2166.403, and 2166.408; and (2) provided to the appropriate authority having jurisdiction and the state energy conservation office copies of: (A) each certification under Subdivision (1); and (B) any written evaluation or detailed economic feasibility study prepared in accordance with Section 2166.401, 2166.403, or 2166.408. (f) An institution of higher education may not begin construction of a new state building or a major renovation project before the design architect or engineer for the construction or renovation has: (1) certified to the institution of higher education that the construction or renovation complies with the standards established under this section; and (2) provided to the state energy conservation office a copy of that certification. Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612, Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 526, Sec. 8, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 5, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 573, Sec. 10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June 15, 2001; Acts, 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1, 2001. Reenacted and amended by Acts 2003, 78th Leg., ch. 1310, Sec. 29, eff. June 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 856 (S.B. 982), Sec. 1, eff. June 17, 2005. Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 10, eff. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.27, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 937 (H.B. 51), Sec. 2, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 695 (H.B. 2781), Sec. 1, eff. September 1, 2013.