CS/CS/HB 849

1	A bill to be entitled
2	An act relating to building construction and inspection;
3	amending s. 120.541, F.S.; exempting rules that adopt
4	federal standards and specified updates to the Florida
5	Building Code and Florida Fire Prevention Code from a
6	requirement that the Legislature ratify any rule that has
7	an adverse impact or regulatory costs which exceed certain
8	criteria; deleting an exemption for emergency rules and
9	rules that adopt federal standards from a requirement that
10	an agency's statement of a rule's estimated regulatory
11	costs include an economic analysis of the rule's adverse
12	impacts and regulatory costs; amending s. 255.252, F.S.;
13	conforming provisions to changes made by the act; amending
14	s. 255.253, F.S.; redefining the term "sustainable
15	building rating" to include the International Green
16	Construction Code; amending ss. 255.257 and 255.2575,
17	F.S.; conforming provisions to changes made by the act;
18	amending s. 527.06, F.S.; prohibiting the Department of
19	Agriculture and Consumer Services and other state agencies
20	from requiring compliance with certain national standards
21	for liquefied petroleum gas tanks unless the department or
22	agencies require compliance with a specified edition of
23	the national standards; providing for conditional repeal;
24	amending s. 553.74, F.S.; revising requirements for
25	selecting a member of the Florida Building Commission;
26	providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsection (4) of section 120.541, Florida
31	Statutes, as amended by chapter 2010-279, Laws of Florida, is
32	amended to read:
33	120.541  Statement of estimated regulatory costs.-
34	(3)  If the adverse impact or regulatory costs of the rule
35	exceed any of the criteria established in paragraph (2)(a), the
36	rule shall be submitted to the President of the Senate and
37	Speaker of the House of Representatives no later than 30 days
38	prior to the next regular legislative session, and the rule may
39	not take effect until it is ratified by the Legislature.
40	(4)  Subsection (3) Paragraph (2)(a) does not apply to the
41	adoption of:
42	(a)  emergency rules pursuant to s. 120.54(4) or the
43	adoption of Federal standards pursuant to s. 120.54(6).
44	(b)  Triennial updates to the Florida Building Code
45	pursuant to s. 553.73(7)(a).
46	(c)  Triennial updates to the Florida Fire Prevention Code
47	pursuant to s. 633.0215(1).
48	Section 2.  Subsections (3) and (4) of section 255.252,
49	Florida Statutes, are amended to read:
50	255.252  Findings and intent.-
51	(3)  In order for that such energy-efficiency and
52	sustainable materials considerations to become a function of
53	building design and a model for future application in the
54	private sector, it is shall be the policy of the state that
55	buildings constructed and financed by the state be designed and
56	constructed to comply with a sustainable building rating the
57	United States Green Building Council (USGBC) Leadership in
58	Energy and Environmental Design (LEED) rating system, the Green
59	Building Initiative's Green Globes rating system, the Florida
60	Green Building Coalition standards, or a nationally recognized,
61	high-performance green building rating system as approved by the
62	department. It is further the policy of the state, if when
63	economically feasible, to retrofit existing state-owned
64	buildings in a manner that minimizes which will minimize the
65	consumption of energy used in the operation and maintenance of
66	such buildings.
67	(4)  In addition to designing and constructing new
68	buildings to be energy-efficient, it is shall be the policy of
69	the state to operate and maintain state facilities in a manner
70	that minimizes which will minimize energy consumption and
71	maximizes maximize building sustainability, and to operate as
72	well as ensure that facilities leased by the state are operated
73	so as to minimize energy use. It is further the policy of the
74	state that the renovation of existing state facilities be in
75	accordance with a sustainable building rating the United States
76	Green Building Council (USGBC) Leadership in Energy and
77	Environmental Design (LEED) rating system, the Green Building
78	Initiative's Green Globes rating system, the Florida Green
79	Building Coalition standards, or a nationally recognized, high-
80	performance green building rating system as approved by the
81	department. State agencies are encouraged to consider shared
82	savings financing of such energy-efficiency and conservation
83	projects, using contracts that which split the resulting savings
84	for a specified period of time between the state agency and the
85	private firm or cogeneration contracts and that which otherwise
86	permit the state to lower its net energy costs. Such energy
87	contracts may be funded from the operating budget.
88	Section 3.  Subsection (7) of section 255.253, Florida
89	Statutes, is amended to read:
90	255.253  Definitions; ss. 255.251-255.258.-
91	(7)  "Sustainable building rating" means a rating
92	established by the United States Green Building Council (USGBC)
93	Leadership in Energy and Environmental Design (LEED) rating
94	system, the International Green Construction Code (IGCC), the
95	Green Building Initiative's Green Globes rating system, the
96	Florida Green Building Coalition standards, or a nationally
97	recognized, high-performance green building rating system as
98	approved by the department.
99	Section 4.  Subsection (4) of section 255.257, Florida
100	Statutes, is amended to read:
101	255.257  Energy management; buildings occupied by state
102	agencies.-
103	(4)  ADOPTION OF STANDARDS.-
104	(a)  All state agencies shall adopt a sustainable building
105	rating system the United States Green Building Council (USGBC)
106	Leadership in Energy and Environmental Design (LEED) rating
107	system, the Green Building Initiative's Green Globes rating
108	system, the Florida Green Building Coalition standards, or a
109	nationally recognized, high-performance green building rating
110	system as approved by the department for all new buildings and
111	renovations to existing buildings.
112	(b)  No state agency shall enter into new leasing
113	agreements for office space that does not meet Energy Star
114	building standards, except when determined by the appropriate
115	state agency head determines that no other viable or cost-
116	effective alternative exists.
117	(c)  All state agencies shall develop energy conservation
118	measures and guidelines for new and existing office space where
119	state agencies occupy more than 5,000 square feet. These
120	conservation measures shall focus on programs that may reduce
121	energy consumption and, when established, provide a net
122	reduction in occupancy costs.
123	Section 5.  Subsection (2) of section 255.2575, Florida
124	Statutes, is amended to read:
125	255.2575  Energy-efficient and sustainable buildings.-
126	(2)  All county, municipal, school district, water
127	management district, state university, community college, and
128	Florida state court buildings shall be constructed to comply
129	with a sustainable building rating system meet the United States
130	Green Building Council (USGBC) Leadership in Energy and
131	Environmental Design (LEED) rating system, the Green Building
132	Initiative's Green Globes rating system, the Florida Green
133	Building Coalition standards, or a nationally recognized, high-
134	performance green building rating system as approved by the
135	Department of Management Services. This section applies shall
136	apply to all county, municipal, school district, water
137	management district, state university, community college, and
138	Florida state court buildings the architectural plans of which
139	are commenced after July 1, 2008.
140	Section 6.  Subsection (3) of section 527.06, Florida
141	Statutes, is amended to read:
142	527.06  Rules.-
143	(3)(a)  Rules in substantial conformity with the published
144	standards of the National Fire Protection Association (NFPA) are
145	shall be deemed to be in substantial conformity with the
146	generally accepted standards of safety concerning the same
147	subject matter.
148	(b)  Notwithstanding any other law, the department or other
149	state agency may not require compliance with the minimum
150	separation distances of NFPA 58 for separation between a
151	liquefied petroleum gas tank and a building, adjoining property
152	line, other liquefied petroleum gas tank, or any source of
153	ignition, except in compliance with the minimum separation
154	distances of the 2011 edition of NFPA 58.
155	(c)  If the department, the Florida Building Commission as
156	part of the Florida Building Code, and the Office of the State
157	Fire Marshal as part of the Florida Fire Prevention Code each
158	adopt the minimum separation distances of the 2011 edition of
159	NFPA 58 as rules, whether adopted by setting out the minimum
160	separation distances in the text of the rules or through
161	incorporation by reference, this subsection is repealed upon the
162	last effective date of such rules.
163	Section 7.  Paragraph (v) of subsection (1) of section
164	553.74, Florida Statutes, is amended to read:
165	553.74  Florida Building Commission.-
166	(1)  The Florida Building Commission is created and shall
167	be located within the Department of Community Affairs for
168	administrative purposes. Members shall be appointed by the
169	Governor subject to confirmation by the Senate. The commission
170	shall be composed of 25 members, consisting of the following:
171	(v)  One member who is a representative of the green
172	building industry and who is a third-party commission agent, a
173	Florida board member of the United States Green Building Council
174	or Green Building Initiative, a professional who is accredited
175	under the International Green Construction Code (IGCC), or a
176	professional who is accredited under Leadership in Energy and
177	Environmental Design (LEED) LEED-accredited professional.
178
179	Any person serving on the commission under paragraph (c) or
180	paragraph (h) on October 1, 2003, and who has served less than
181	two full terms is eligible for reappointment to the commission
182	regardless of whether he or she meets the new qualification.
183	Section 8.  This act shall take effect July 1, 2011.

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