HB 747

A bill to be entitled
2An act relating to thermal efficiency standards;
3amending s. 403.814, F.S.; requiring that the
4Department of Environmental Protection and the
5applicable water management district grant a general
6permit for the construction, alteration, and
7maintenance of certain surface water management
8systems; authorizing the construction of certain
9surface water management systems to proceed without
10further action by the department or the water
11management district; reordering and amending s.
12553.902, 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.
16553.9045, F.S.; providing standards for a thermal-
17efficient roof; requiring that roof exterior surfaces
18and roofing material of a thermal-efficient roof have
19a minimum solar reflectance; providing testing
20standards; providing exceptions; creating s. 553.9046,
21F.S.; defining thermal-efficient hardscapes; providing
22default reflectance values for certain paving
23materials; providing an effective date.
25Be It Enacted by the Legislature of the State of Florida:
27     Section 1.  Subsection (12) is added to section 403.814,
28Florida Statutes, to read:
29     403.814  General permits; delegation.-
30     (12)  The department and the applicable water management
31district shall grant a general permit for the construction,
32alteration, and maintenance of a surface water management system
33serving a total project area of up to 10 acres. The
34construction, alteration, and maintenance of such a system may
35proceed without any further agency action by the department or
36water 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
39impervious surface or no more than 5 acres of impervious surface
40if that surface is a thermal-efficient hardscape as provided in
41s. 553.9046;
42     (c)  The activities do not impact wetlands or other surface
44     (d)  The activities are not conducted in, on, or over
45wetlands or other surface waters;
46     (e)  The drainage facilities do not include pipes having
47diameters greater than 24 inches, or the hydraulic equivalent,
48and do not use a pump in any manner;
49     (f)  The project is not part of a larger common plan,
50development, or sale;
51     (g)  The project does not cause:
52     1.  Adverse water quantity impacts or flooding to receiving
53water and adjacent lands;
54     2.  Adverse impacts to existing surface water storage and
55conveyance capabilities;
56     3.  A violation of state water quality standards; or
57     4.  Adverse impacts to the maintenance of surface or ground
58water levels or surface water flows established pursuant to s.
59373.042 or to a work of the district conducted pursuant to s.
60373.086; and
61     (h)  The design plans for the surface water management
62system are signed and sealed by a Florida-registered
63professional who attests that the system will perform and
64function as proposed and that it has been designed in accordance
65with appropriate, generally accepted performance standards and
66scientific principles.
67     Section 2.  Section 553.902, Florida Statutes, is reordered
68and amended to read:
69     553.902  Definitions.-As used in this part, the term For
70the purposes of this part:
71     (3)(1)  "Exempted building" means:
72     (a)  A Any building or portion thereof whose peak design
73rate of energy usage for all purposes is less than 1 watt (3.4
74Btu per hour) per square foot of floor area for all purposes.
75     (b)  A Any building that which is neither heated nor cooled
76by a mechanical system designed to control or modify the indoor
77temperature and powered by electricity or fossil fuels.
78     (c)  A Any building for which federal mandatory standards
79preempt state energy codes.
80     (d)  An Any historical building as described in s.
83The Florida Building Commission may recommend to the Legislature
84additional types of buildings which should be exempted from
85compliance with the Florida Energy Efficiency Code for Building
87     (7)(2)  "HVAC" means a system of heating, ventilating, and
89     (10)(3)  "Renovated building" means a residential or
90nonresidential building undergoing alteration that varies or
91changes insulation, HVAC systems, water heating systems, or
92exterior envelope conditions, if provided the estimated cost of
93renovation exceeds 30 percent of the assessed value of the
95     (8)(4)  "Local enforcement agency" means the agency of
96local government which has the authority to make inspections of
97buildings and to enforce the Florida Building Code. It includes
98any agency within the definition of s. 553.71(5).
99     (4)(5)  "Exterior envelope physical characteristics" means
100the physical nature of those elements of a building which
101enclose conditioned spaces through which energy may be
102transferred to or from the exterior.
103     (2)(6)  "Energy performance level" means the indicator of
104the energy-related performance of a building, including, but not
105limited to, the levels of insulation, the amount and type of
106glass, and the HVAC and water heating system efficiencies.
107     (1)  "Ballasted roof" means a roof having a minimum of 15
108pounds per square foot of ballast for the purpose of weighing
109down a roofing membrane over a substrate to resist wind uplift.
110For purposes of this subsection, ballast includes, but is not
111limited to, river rock aggregate and pavers.
112     (5)  "Hardscape" means the impervious, nonliving portions
113of a property's landscaping, including, but not limited to,
114roads, sidewalks, courtyards, and parking lots.
115     (6)  "Heat island effect" means an elevated temperature
116over an urban area compared to rural areas, typically caused by
117the increased presence of dark, heat-absorbing materials.
118     (9)  "Low-sloped roof" means a roof having a slope of rise
119of 0 units in a horizontal length, up to and including, a roof
120having a slope of rise of 2 units in a horizontal length of 12
122     (11)  "Solar reflectance" or "reflectance" means the amount
123of solar energy reflected by a material.
124     (12)  "Steep-sloped roof" means a roof having a slope of
125rise greater than 2 units in a horizontal length of 12 units.
126     Section 3.  Section 553.9045, Florida Statutes, is created
127to read:
128     553.9045  Thermal-efficient roofs.-
129     (1)  Standards for a thermal-efficient roof:
130     (a)  A low-sloped roof must have a minimum initial
131reflectance of 0.72 or a 3-year installed reflectance of 0.5 as
132determined by the Cool Roof Rating Council or the Energy Star
133program of the United States Environmental Protection Agency and
134the United States Department of Energy. If more than 50 percent
135of the total gross area of the roof is covered with vegetation
136associated with an extensive or intensive green roof as defined
137by the United States Environmental Protection Agency for the
138purpose of reducing the heat island effect, the remainder of the
139roof must have a minimum reflectance of 0.30.
140     (b)  A ballasted roof must have a minimum initial
141reflectance of 0.30.
142     (c)  A steep-sloped roof must have a minimum initial
143reflectance of 0.15.
144     (d)  A roof that has multiple slopes is subject to the
145standards applicable to the slope that covers the largest area
146of the building's footprint.
147     (2)  All roof exterior surfaces and roofing materials of a
148thermal-efficient roof must have a minimum reflectance as
149certified by one of the following:
150     (a)  The American Society for Testing and Materials ASTM
151E903 or ASTM E1918 standard.
152     (b)  A test using a portable reflectometer at near-ambient
154     (c)  The Cool Roof Rating Council.
155     (d)  The Energy Star program of the United States
156Environmental Protection Agency and the United States Department
157of Energy.
158     (3)  This section does not apply to:
159     (a)  The portion of a roof acting as a substructure for and
160covered by a rooftop deck.
161     (b)  The portion of a roof covered with vegetation
162associated with an extensive or intensive green roof as defined
163by the United States Environmental Protection Agency for the
164purpose of reducing the heat island effect.
165     (c)  A rooftop deck covering a maximum of one-third of the
166rooftop total gross area.
167     (d)  An area of the roof covered by photovoltaic and solar
169     Section 4.  Section 553.9046, Florida Statutes, is created
170to read:
171     553.9046  Thermal-efficient hardscapes.-A thermal-efficient
172hardscape is the portion of impervious, nonliving improvements
173of a property's landscaping, including, but not limited to,
174roads, sidewalks, courtyards, and parking lots which has a
175minimum initial reflectance of 0.30 as certified by the American
176Society for Testing and Materials ASTM E903 or ASTM E1918
177standard or a test using a portable reflectometer at near-
178ambient conditions. When measuring the minimum initial
179reflectance, one of the following reflectance values for paving
180materials 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.

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