Florida Senate - 2012                                    SB 1032
       
       
       
       By Senator Benacquisto
       
       
       
       
       27-00589A-12                                          20121032__
    1                        A bill to be entitled                      
    2         An act relating to thermal efficiency standards;
    3         amending s. 403.814, F.S.; requiring that the
    4         Department of Environmental Protection and the
    5         applicable water management district grant a general
    6         permit for the construction, alteration, and
    7         maintenance of certain surface water management
    8         systems; authorizing the construction of certain
    9         surface water management systems to proceed without
   10         further action by the department or the water
   11         management district; reordering and amending s.
   12         553.902, F.S.; providing definitions for the terms
   13         “ballasted roof,” “hardscape,” “heat island effect,”
   14         “low-sloped roof,” “solar reflectance” or
   15         “reflectance,” and “steeped-sloped roof”; creating s.
   16         553.9045, F.S.; providing standards for a thermal
   17         efficient roof; requiring that roof exterior surfaces
   18         and roofing material of a thermal-efficient roof have
   19         a minimum solar reflectance; providing testing
   20         standards; providing exceptions; creating s. 553.9046,
   21         F.S.; defining thermal-efficient hardscapes; providing
   22         default reflectance values for certain paving
   23         materials; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (12) is added to section 403.814,
   28  Florida Statutes, to read:
   29         403.814 General permits; delegation.—
   30         (12) The department and the applicable water management
   31  district shall grant a general permit for the construction,
   32  alteration, and maintenance of a surface water management system
   33  serving a total project area of up to 10 acres. The
   34  construction, alteration, and maintenance of such a system may
   35  proceed without any further agency action by the department or
   36  water management district if:
   37         (a) The total project area is less than 15 acres;
   38         (b) The total project area involves less than 2 acres of
   39  impervious surface or no more than 5 acres of impervious surface
   40  if that surface is a thermal-efficient hardscape as provided in
   41  s. 553.9046;
   42         (c) The activities do not impact wetlands or other surface
   43  waters;
   44         (d) The activities are not conducted in, on, or over
   45  wetlands or other surface waters;
   46         (e) The drainage facilities do not include pipes having
   47  diameters greater than 24 inches, or the hydraulic equivalent,
   48  and do not use a pump in any manner;
   49         (f) The project is not part of a larger common plan,
   50  development, or sale;
   51         (g) The project does not cause:
   52         1. Adverse water quantity impacts or flooding to receiving
   53  water and adjacent lands;
   54         2. Adverse impacts to existing surface water storage and
   55  conveyance capabilities;
   56         3. A violation of state water quality standards; or
   57         4. Adverse impacts to the maintenance of surface or ground
   58  water levels or surface water flows established pursuant to s.
   59  373.042 or to a work of the district conducted pursuant to s.
   60  373.086; and
   61         (h) The design plans for the surface water management
   62  system are signed and sealed by a Florida-registered
   63  professional who attests that the system will perform and
   64  function as proposed and that it has been designed in accordance
   65  with appropriate, generally accepted performance standards and
   66  scientific principles.
   67         Section 2. Section 553.902, Florida Statutes, is reordered
   68  and amended to read:
   69         553.902 Definitions.—As used in this part, the term For the
   70  purposes of this part:
   71         (3)(1) “Exempted building” means:
   72         (a) A Any building or portion thereof whose peak design
   73  rate of energy usage for all purposes is less than 1 watt (3.4
   74  Btu per hour) per square foot of floor area for all purposes.
   75         (b) A Any building that which is neither heated nor cooled
   76  by a mechanical system designed to control or modify the indoor
   77  temperature and powered by electricity or fossil fuels.
   78         (c) A Any building for which federal mandatory standards
   79  preempt state energy codes.
   80         (d) An Any historical building as described in s.
   81  267.021(3).
   82  
   83  The Florida Building Commission may recommend to the Legislature
   84  additional types of buildings which should be exempted from
   85  compliance with the Florida Energy Efficiency Code for Building
   86  Construction.
   87         (7)(2) “HVAC” means a system of heating, ventilating, and
   88  air-conditioning.
   89         (10)(3) “Renovated building” means a residential or
   90  nonresidential building undergoing alteration that varies or
   91  changes insulation, HVAC systems, water heating systems, or
   92  exterior envelope conditions, if provided the estimated cost of
   93  renovation exceeds 30 percent of the assessed value of the
   94  structure.
   95         (8)(4) “Local enforcement agency” means the agency of local
   96  government which has the authority to make inspections of
   97  buildings and to enforce the Florida Building Code. It includes
   98  any agency within the definition of s. 553.71(5).
   99         (4)(5) “Exterior envelope physical characteristics” means
  100  the physical nature of those elements of a building which
  101  enclose conditioned spaces through which energy may be
  102  transferred to or from the exterior.
  103         (2)(6) “Energy performance level” means the indicator of
  104  the energy-related performance of a building, including, but not
  105  limited to, the levels of insulation, the amount and type of
  106  glass, and the HVAC and water heating system efficiencies.
  107         (1) “Ballasted roof” means a roof having a minimum of 15
  108  pounds per square foot of ballast for the purpose of weighing
  109  down a roofing membrane over a substrate to resist wind uplift.
  110  For purposes of this subsection, ballast includes, but is not
  111  limited to, river rock aggregate and pavers.
  112         (5) “Hardscape” means the impervious, nonliving portions of
  113  a property’s landscaping, including, but not limited to, roads,
  114  sidewalks, courtyards, and parking lots.
  115         (6) “Heat island effect” means an elevated temperature over
  116  an urban area compared to rural areas, typically caused by the
  117  increased presence of dark, heat-absorbing materials.
  118         (9) “Low-sloped roof” means a roof having a slope of rise
  119  of 0 units in a horizontal length, up to and including, a roof
  120  having a slope of rise of 2 units in a horizontal length of 12
  121  units.
  122         (11) “Solar reflectance” or “reflectance” means the amount
  123  of solar energy reflected by a material.
  124         (12) “Steep-sloped roof” means a roof having a slope of
  125  rise greater than 2 units in a horizontal length of 12 units.
  126         Section 3. Section 553.9045, Florida Statutes, is created
  127  to read:
  128         553.9045Thermal-efficient roofs.—
  129         (1) Standards for a thermal-efficient roof:
  130         (a) A low-sloped roof must have a minimum initial
  131  reflectance of 0.72 or a 3-year installed reflectance of 0.5 as
  132  determined by the Cool Roof Rating Council or the Energy Star
  133  program of the United States Environmental Protection Agency and
  134  the United States Department of Energy. If more than 50 percent
  135  of the total gross area of the roof is covered with vegetation
  136  associated with an extensive or intensive green roof as defined
  137  by the United States Environmental Protection Agency for the
  138  purpose of reducing the heat island effect, the remainder of the
  139  roof must have a minimum reflectance of 0.30.
  140         (b) A ballasted roof must have a minimum initial
  141  reflectance of 0.30.
  142         (c) A steep-sloped roof must have a minimum initial
  143  reflectance of 0.15.
  144         (d) A roof that has multiple slopes is subject to the
  145  standards applicable to the slope that covers the largest area
  146  of the building’s footprint.
  147         (2) All roof exterior surfaces and roofing materials of a
  148  thermal-efficient roof must have a minimum reflectance as
  149  certified by one of the following:
  150         (a) The American Society for Testing and Materials ASTM
  151  E903 or ASTM E1918 standard.
  152         (b) A test using a portable reflectometer at near-ambient
  153  conditions.
  154         (c) The Cool Roof Rating Council.
  155         (d) The Energy Star program of the United States
  156  Environmental Protection Agency and the United States Department
  157  of Energy.
  158         (3) This section does not apply to:
  159         (a) The portion of a roof acting as a substructure for and
  160  covered by a rooftop deck.
  161         (b) The portion of a roof covered with vegetation
  162  associated with an extensive or intensive green roof as defined
  163  by the United States Environmental Protection Agency for the
  164  purpose of reducing the heat island effect.
  165         (c) A rooftop deck covering a maximum of one-third of the
  166  rooftop total gross area.
  167         (d) An area of the roof covered by photovoltaic and solar
  168  equipment.
  169         Section 4. Section 553.9046, Florida Statutes, is created
  170  to read:
  171         553.9046Thermal-efficient hardscapes.—A thermal-efficient
  172  hardscape is the portion of impervious, nonliving improvements
  173  of a property’s landscaping, including, but not limited to,
  174  roads, sidewalks, courtyards, and parking lots which has a
  175  minimum initial reflectance of 0.30 as certified by the American
  176  Society for Testing and Materials ASTM E903 or ASTM E1918
  177  standard or a test using a portable reflectometer at near
  178  ambient conditions. When measuring the minimum initial
  179  reflectance, one of the following reflectance values for paving
  180  materials may be used:
  181         (1) Typical new gray concrete, 0.35.
  182         (2) Typical weathered concrete, 0.20.
  183         (3) Typical new white concrete, 0.70.
  184         (4) Typical weathered white concrete, 0.40.
  185         (5) New asphalt, 0.05.
  186         (6) Weathered asphalt, 0.10.
  187         Section 5. This act shall take effect July 1, 2012.