HB 23

1	A bill to be entitled
2	An act relating to education facilities; creating s.
3	1013.441, F.S.; establishing the Green Schools Pilot
4	Project to enable selected school districts to comply with
5	certain building-certification standards; defining the
6	term "additional costs"; providing for an application and
7	selection process for participation in the pilot project;
8	providing requirements for school districts to
9	participate; providing for evaluation criteria that may be
10	used during the selection process; providing for the
11	distribution of funds by the Department of Education;
12	providing for prorated distribution of funds under
13	specified circumstances; providing authority to distribute
14	excess funds for specified purposes; requiring the
15	reporting of expenditures by participating school
16	districts; authorizing inspection and evaluation of the
17	reports by the Auditor General; providing for the return
18	of improperly expended funds and of specified funds if a
19	constructed or renovated school fails to achieve specified
20	certification standards; requiring a report by each
21	participating school district; providing an appropriation;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 1013.441, Florida Statutes, is created
27	to read:
28	1013.441  Green Schools Pilot Project.--
29	(1)  The Legislature finds that it is cost-effective and
30	healthy for the public and the environment to build schools that
31	maximize low-water usage and incorporate energy efficiencies,
32	renewable energy, and recycling technologies into the
33	construction of schools. Therefore, the Green Schools Pilot
34	Project is established for selected school districts for the
35	purpose of incorporating the Leadership in Energy and
36	Environmental Design (LEED) silver-level or the Green Globes
37	two-globe rating or better building-certification standards into
38	every new educational building construction project and, when
39	feasible, every educational building renovation project.
40	(2)  LEED building-certification standards are defined by
41	the United States Green Building Council and the Green Globes
42	building-certification standards are defined by the Green
43	Building Initiative. Both standards address the total effect
44	that new buildings have on the environment so as to maximize
45	energy efficiency and to minimize adverse effects on the
46	environment.
47	(3)  For purposes of this section, the term "additional
48	costs" means the expenditures that are necessary to build a
49	complete school to LEED silver-level or Green Globes two-globe
50	or better building-certification standards but that exceed the
51	expenditures necessary to build a complete school in compliance
52	with this chapter. Such additional costs may include, but are
53	not limited to, registration and certification fees charged for
54	certification of the school to LEED silver-level or Green Globes
55	two-globe or better building-certification standards.
56	(4)(a)  The Department of Education, in consultation with
57	the Florida Energy Office, shall develop by August 1, 2008, an
58	application process for school districts to participate in the
59	pilot project. Three school districts shall be selected by the
60	State Board of Education by January 1, 2009, to participate in
61	the pilot project. One school district shall be in a county
62	having a population of 1 million or more residents; one school
63	district shall be in a county having a population of 250,000 to
64	999,999 residents; and one school district shall be in a county
65	having a population of fewer than 250,000 residents. School
66	districts selected to participate in the pilot project shall, to
67	the greatest extent possible, represent geographically different
68	regions of the state.
69	(b)  At a minimum, each school district selected by the
70	State Board of Education to participate in the pilot project
71	must:
72	1.  Demonstrate that it implements sound financial
73	management practices by producing documentation that indicates
74	that the school district for the preceding 3 years has had no
75	material weaknesses or instances of material noncompliance noted
76	in its annual audits required under s. 218.39.
77	2.  Engage a design team that has demonstrated knowledge
78	and experience in high-performance green building construction.
79	3.  Commit to building at least one complete school to LEED
80	silver-level or Green Globes two-globe or better building-
81	certification standards. A school built to such building-
82	certification standards shall be designated as a "Green School."
83	(c)  When selecting school districts to participate in the
84	pilot project, evaluation criteria implemented by the State
85	Board of Education may include, but need not be limited to,
86	school districts that demonstrate a high percentage of
87	environmentally inefficient schools or school districts that
88	propose innovative methods for improving water savings, energy
89	efficiency, or indoor environmental quality.
90	(5)(a)  From funds appropriated for the Green Schools Pilot
91	Project, the department shall distribute to each participating
92	school district an amount sufficient to fund the additional
93	costs required to build one complete school to LEED silver-level
94	or Green Globes two-globe or better building-certification
95	standards.
96	1.  If appropriated funds are insufficient to fund the
97	total of additional costs required to build three complete
98	schools to LEED silver-level or Green Globes two-globe or better
99	building-certification standards, the department shall prorate
100	funds available and make distributions based on the ratio of
101	each school's additional costs relative to the total of
102	additional costs for the three schools.
103	2.  If appropriated funds remain after the distribution,
104	such funds may be distributed by the department to one or more
105	of the participating school districts to fund the additional
106	costs required to build other new schools or to renovate
107	existing schools to LEED silver-level or Green Globes two-globe
108	or better building-certification standards.
109	(b)  Participating school districts must annually report to
110	the department the expenditure of funds received under paragraph
111	(a). The reports must be open to inspection and examination by
112	the Auditor General. A participating school district must return
113	to the department:
114	1.  Any funds found by the Auditor General to have been
115	improperly expended.
116	2.  Funds received under paragraph (a) for the construction
117	or renovation of a school if LEED silver-level or Green Globes
118	two-globe or better building certification is not obtained for
119	the school within 1 year after its completion.
120	(6)  Each participating school district shall deliver to
121	the Governor, the President of the Senate, the Speaker of the
122	House of Representatives, and the Commissioner of Education a
123	report on the effects Green Schools have had on student
124	performance and health, operational costs, energy consumption,
125	and the environment in the district. This report shall be
126	submitted by July 1 of the year after a Green School has been in
127	full operation for 3 years.
128	Section 2.  For fiscal year 2008-2009, the sum of
129	$3,500,000 in nonrecurring funds is appropriated from the Public
130	Education Capital Outlay and Debt Service Trust Fund to the
131	Department of Education to fund the additional costs required
132	for the new construction of three complete schools to LEED
133	silver-level or Green Globes two-globe or better building-
134	certification standards under the Green Schools Pilot Project as
135	provided in s. 1013.441, Florida Statutes.
136	Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.