Connecticut Seal

House Bill No. 6485

Public Act No. 03-230

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING ENERGY MANAGEMENT BY STATE GOVERNMENT BY UPDATING AND REPEALING OUTDATED PROVISIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 16a-38a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The Commissioner of Public Works shall conduct an energy audit of all buildings owned by the state to determine the energy conservation and energy consumption characteristics of such buildings. Such energy audits shall be conducted in cooperation with the state department, agency, board or commission occupying such building. Such energy audits shall be conducted in accordance with guidelines established under the "National Energy Conservation Policy Act", Public Law 95-619, 92 Stat. 3206 (1978), as amended from time to time, and with the following schedule: (1) Preliminary energy audits of all buildings owned or leased by the state shall be completed within one year after July 1, 1979. The results from such preliminary audits shall be used to set priorities for subsequent audits. (2) Subsequent energy audits based on the priorities established in accordance with subdivision (1) of this subsection, shall be initiated at a rate of at least twenty per cent of total building floor space per year. Each audit procedure shall be completed within two years of its initiation.

(b) (1) The Commissioner of Public Works shall review and evaluate the energy audits completed in accordance with this section and shall, within six months, recommend to the Secretary of the Office of Policy and Management buildings for cost effective retrofit measures to enable such buildings to attain the energy performance standards established under subdivision (1) of subsection (b) of section 16a-38. (2) It shall be a goal that beginning not later than July 1, 1982, work to retrofit at least twenty per cent of the total floor area of existing state-owned buildings for energy conservation shall be commenced in each fiscal year. Where technically feasible, renewable sources of energy shall be used for space heating and cooling, domestic hot water and other applications. (3) It shall be a goal that not later than June 30, 1991, all state-owned buildings be the subject of such energy conservation and renewable energy retrofit measures as will enable them to meet the energy performance standards established in accordance with subdivision (1) of subsection (b) of section 16a-38.

[(c) In selecting buildings to lease for state use, the Commissioner of Public Works shall give preference to buildings which meet energy performance standards established in accordance with subdivision (1) of subsection (b) of section 16a-38, including buildings which use solar heating and cooling equipment or other renewable energy sources and which otherwise minimize life-cycle costs. ]

[(d)] (c) The Commissioner of Public Works and the Secretary of the Office of Policy and Management shall jointly develop and publish guidelines applicable to all state agencies for an energy efficiency maintenance program for all state-owned buildings. The program shall include, but not be limited to, annually inspecting, testing and tuning fossil fuel burning equipment utilized for space heating or the production of steam or hot water for process uses. All agencies shall cooperate in implementing such maintenance program.

Sec. 2. Section 16a-38h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) On and after July 1, 1984, the Department of Public Works may not execute a new lease for use by the state of any building having ten thousand or more gross square feet and which is not occupied or possessed by the state at the time of execution of the lease unless (1) the owner or agent of the owner of the building (A) has had an energy audit conducted for the building, (B) has implemented the operational and maintenance improvements recommended by the energy audit and (C) agrees in the lease to maintain such improvements, (2) energy consumption data are obtained for the two years preceding execution of the lease or the life of the building, whichever is shorter, (3) the building has a certificate of occupancy and no uncorrected violations of the State Building Code adopted under section 29-252 and the applicable municipal housing code and (4) an efficiency test for the building's boiler has been conducted.

(b) In selecting buildings to lease for state use, the Commissioner of Public Works shall give preference to buildings which meet energy performance standards established in accordance with subdivision (1) of subsection (b) of section 16a-38 including buildings which use solar heating and cooling equipment or other renewable energy sources and which otherwise minimize life-cycle costs.

Sec. 3. Section 16a-38i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The energy performance standards established by the Commissioner of Public Works and the Secretary of the Office of Policy and Management pursuant to section 16a-38 shall require that the Commissioner of Public Works, in consultation with the secretary, [(1) calculate] establish a process for calculating annually, from currently available data, the average energy use per square foot in state buildings. [, (2)]

(b) In accordance with section 16a-37u, the secretary shall (1) implement a system requiring all state agencies to use the process established by the Department of Public Works to annually calculate energy use, (2) establish one or more thresholds of acceptability for energy use in state buildings, and (3) (A) reduce energy use, on a cost-effective life-cycle basis and within available fiscal resources as determined by the secretary, in those buildings under the care and control of the Department of Public Works which do not meet such thresholds, and (B) assist other agencies in reducing energy use, on a cost-effective life-cycle basis and within available fiscal resources as determined by the secretary, in those buildings under their care and control which do not meet the applicable thresholds.

Sec. 4. Section 16a-39b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

[(a) There is established a task force on the development of incentives for conserving energy in state buildings. The task force shall consist of the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to energy planning and activities, or their designees; the Secretary of the Office of Policy and Management, or not more than three designees of the secretary having cognizance of budgetary, capital planning and energy matters; and the Commissioner of Public Works or his designee. The task force shall elect as cochairmen one of the cochairmen of said joint standing committee and one of the executive branch members of the task force. The cochairmen of the task force shall preside alternately at meetings of the task force.

(b) The task force shall review state statutes, regulations, standards, policies and practices, analyze alternatives and formulate recommendations with regard to:

(1) The operation and maintenance of energy systems in state buildings;

(2) The staffing levels of, and training for, personnel responsible for the operation of such energy systems;

(3) The development and assessment of the need for incentives, including but not limited to, shared energy costs savings, to encourage agencies and agency personnel to conserve energy;

(4) Options for conventional and innovative financing for energy conservation measures in state buildings;

(5) Identification of obstacles to the development of an energy conservation program for state buildings or to the implementation of the pilot program conducted under section 16a-39a, including but not limited to, any state procedures which affect the ability of an agency to engage in energy management or shared energy costs savings agreements; and

(6) The purchasing and leasing of energy-efficient buildings by the state.

(c) Within available appropriations, (1) the secretary may hire consultants to provide technical assistance to the task force and (2) the Department of Public Works shall, upon request of the secretary, provide technical assistance to the task force in analyzing capital projects.

(d) The task force shall, not later than January fifteenth, annually, submit to the General Assembly a report on its findings and recommendations and the progress achieved in implementing the pilot energy management program conducted under said section 16a-39a. On and after October 1, 1996, the report shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to energy and, upon request, to any member of the General Assembly. A summary of the report shall be submitted to each member of the General Assembly if the summary is two pages or less and a notification of the report shall be submitted to each member if the summary is more than two pages. Submission shall be by mailing the report, summary or notification to the legislative address of each member of the committee or the General Assembly, as applicable. ]

The Secretary of the Office of Policy and Management shall convene periodic meetings, to be held at least once every twelve months, to discuss opportunities for energy savings by the state. Such meetings shall consist of the secretary, or the secretary's designee, and representatives from each state agency that the secretary determines to be among the ten agencies that consumed the greatest amount of energy during the previous twelve months.

Sec. 5. (Effective October 1, 2003) Sections 16a-36, 16a-36a, 16a-37d and 16a-37e of the general statutes are repealed.

Approved July 9, 2003