HOUSE BILL No. 6088

 

December 10, 2014, Introduced by Reps. Switalski, Roberts, Driskell, Lamonte and Yanez and referred to the Committee on Energy and Technology.

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

(MCL 18.1101 to 18.1594) by adding sections 241c and 241d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 241c. (1) Subject to subsection (3), the design,

 

construction, and major renovation of a covered building shall be

 

performed to achieve LEED certification at the LEED silver level

 

within the applicable LEED green building rating system or to

 

achieve a comparable rating under a green building rating system

 

that is at least as stringent. The owner shall apply for rating

 

certification by a qualified third party. For LEED certification,

 

the qualified third party is the green building certification

 

institute.


 

     (2) The department shall study the feasibility and

 

appropriateness of the U.S. green building council's LEED volume

 

program and campus program to satisfy the requirements of

 

subsection (1).

 

     (3) The department may exempt a covered building from the

 

requirements of subsection (1) if, after reviewing the results of a

 

life cycle cost assessment, the department finds that the

 

requirements pose an unreasonable burden on state resources. The

 

owner and manager of an exempt project shall use the appropriate

 

LEED green building rating system as a guide for the project to the

 

greatest extent practicable.

 

     (4) A government agency subject to this section shall annually

 

submit to the legislature and post on its website a report on

 

progress in implementing this section.

 

     (5) As used in this section:

 

     (a) "Covered building" means any of the following, subject to

 

subdivision (b):

 

     (i) A state-owned building in excess of 10,000 square feet.

 

     (ii) Commercial real estate that is procured for lease by this

 

state.

 

     (iii) A building for the construction or renovation of which

 

this state provides a majority of funds.

 

     (b) "Covered building" does not include a building owned or

 

leased by a unit of local government or an institution of higher

 

education as described in section 5 or 6 of article VIII of the

 

state constitution of 1963.

 

     (c) "LEED" means leadership in energy and environmental


 

design, version 4 (2013), a green building certification program

 

developed and managed by U.S. green building council, inc.

 

     (d) "LEED certification" means certification under LEED using

 

the most appropriate rating system as determined by building type

 

and use.

 

     (e) "Life cycle cost assessment" means a comprehensive

 

assessment of the total cost of acquiring, operating, maintaining,

 

and disposing of a building, product, or system over a specified

 

length of time in accordance with the national institute of

 

technology's "Handbook #135: Life-cycle Costing Manual" (1995, with

 

2013 supplement).

 

     (6) The department may by rule adopt an updated edition of

 

LEED or of the national institute of technology's "Handbook #135:

 

Life-cycle Costing Manual" for the purposes of this section if

 

doing so will cost-effectively decrease energy consumption and

 

reduce the adverse impacts of buildings on their occupants and the

 

environment.

 

     Sec. 241d. (1) Subject to subsection (3), by 10 years after

 

the effective date of this section, the maintenance and renovation

 

of 25% of occupied spaces shall be performed to achieve LEED

 

certification at the LEED silver level or to achieve a comparable

 

rating under a green building rating system that is at least as

 

stringent. The owner shall apply for rating certification by a

 

qualified third party. For LEED certification, the qualified third

 

party is the green building certification institute.

 

     (2) The department shall study the feasibility and

 

appropriateness of the U.S. green building council's LEED volume


 

program and campus program to satisfy the requirements of

 

subsection (1).

 

     (3) The department may exempt an occupied space from the

 

requirements of subsection (1) if, after reviewing the results of a

 

life cycle cost assessment, the department finds that the

 

requirements pose an unreasonable burden on state resources. The

 

owner and manager of an exempt project shall use the appropriate

 

LEED green building rating system as a guide for the project to the

 

greatest extent practicable.

 

     (4) A government agency subject to this section shall annually

 

submit to the legislature and post on its website a report on

 

progress in implementing this section.

 

     (5) As used in this section:

 

     (a) "LEED" means leadership in energy and environmental

 

design, version 4 (2013), a green building certification program

 

developed and managed by U.S. green building council, inc.

 

     (b) "LEED certification" means certification under LEED using

 

the most appropriate rating system as determined by building type

 

and use, such as "LEED for Existing Buildings: Operations &

 

Maintenance".

 

     (c) "Life cycle cost assessment" means a comprehensive

 

assessment of the total cost of acquiring, operating, maintaining,

 

and disposing of a building, product, or system over a specified

 

length of time in accordance with the national institute of

 

technology's "Handbook #135: Life-cycle Costing Manual" (1995, with

 

2013 supplement).

 

     (d) "Occupied space" means any of the following:


 

     (i) An existing building in excess of 10,000 square feet that

 

is owned and occupied by this state.

 

     (ii) Commercial real estate that is leased and occupied by this

 

state.

 

     (e) "Occupied space" does not include a building owned or

 

leased by an institution of higher education as described in

 

section 5 or 6 of article VIII of the state constitution of 1963.

 

     (6) The department may by rule adopt an updated edition of

 

LEED or of the national institute of technology's "Handbook #135:

 

Life-cycle Costing Manual" for the purposes of this section if

 

doing so will cost-effectively decrease energy consumption and

 

reduce the adverse impacts of buildings on their occupants and the

 

environment.