You asked how the “green buildings” provisions of PA 07-242 and PA 07-213 relate to each other, particularly with regard to state-funded schools. The Office of Legislative Research is not authorized to provide legal opinions and this memo should not be considered one. As discussed below, PA 07-249 also is relevant.

SUMMARY

Prior to the passage of PA 07-242, the law required large new state facility construction projects to meet “green building” standards, but not to state-funded school construction projects. PA 07-242 expands this requirement in several ways. Among other things, it applies the standards to all large construction and renovation projects that are subject to the state building code, starting in 2009 and 2010, respectively. It requires state-funded projects, including schools, to meet green building standards, including enhanced energy efficiency standards, starting in 2008. Finally, it increases the state reimbursement rate for the school construction projects affected by the latter changes by two percentage points. PA 07-249 eliminates the funding increase and makes several other changes to PA 07-242.

PA 07-213 specifies, with regard to the construction of state facilities, that the green building standards apply only to projects for which all budgeted bond funds are allocated by the State Bond Commission on or after January 1, 2007. In contrast to PA 07-242, PA 07-213 does not extend the green building standards to schools, renovations of state facilities, or to construction or renovation of state facilities such as garages. However, PA 07-249, which passed subsequently, does include this extension.

The fact that PA 07-213 does not extend the green building standards to schools does not void the extension in PA 07-242 (or 07-249 that amends 07-242). The Legislative Commissioners Office will reconcile the acts, giving legal effect to the provisions in each, and likely conclude that school construction projects are subject to the standards.

PRIOR LAW

Under prior law (CGS Sec. 16a-38k), state facilities costing $ 5 million or more, funded on or after January 1, 2007 (with limited exceptions for structures such as garages), had to meet specified energy and environmental standards. The standards are a silver rating under the Leadership in Energy and Environmental Design (LEED) program or its equivalent. The OPM secretary, in consultation with the public works commissioner and the Institute for Sustainable Energy, must waive the requirements if he finds that the cost of compliance significantly outweighed the benefits. These provisions did not apply to school construction projects.

PA 07-242 AND PA 07-249

Starting January 1, 2008, PA 07-242 modifies the requirements by eliminating the exceptions and limiting the current requirements to those state facilities where at least $ 2 million of the funding comes from the state. The act also extends the requirements to the following types of projects: (1) renovations to state facilities approved and funded on or after January 1, 2008 that cost $ 2 million or more, (2) new school construction projects authorized by the legislature on or after January 1, 2009 that cost $ 5 million or more, and (3) school renovation projects authorized by the legislature on or after this date costing at least $ 2 million, in all cases where at least $ 2 million of the funding comes from the state. (PA 07-249 eliminates the $ 2 million state funding requirement for construction of state facilities. ) In all cases, the bill requires the institute, rather than the OPM secretary, to determine whether the cost of compliance significantly outweighs the benefits. (PA 07-249 reverses this change. ) The act also requires all of these facilities to exceed the current building code energy efficiency standards by at least 20%. These provisions are effective January 1, 2008.

The act increases, by two percentage points, but not more than 100%, the reimbursement rate under the school construction grant program for those projects subject to the green building requirements. The school district must certify to the Education Department that the school will meet the standards. This provision is effective October 1, 2007. PA 07-249 repeals this provision.

Another provision of PA 07-242 (section 78) requires the state building inspector and the Codes and Standards Committee to amend the State Building Code to require (1) buildings costing $ 5 million or more built after January 1, 2009 and (2) renovations costing $ 2 million or more starting January 1, 2010 to meet the LEED silver standard or its equivalent. The requirements apply to private and public sector projects, other than residential buildings with up to four units. The act requires the inspector and the committee to waive these requirements if the Institute for Sustainable Energy finds that the cost of compliance significantly outweighs the benefits.

By law, the State Building Code requires that buildings and building elements be designed to provide optimum cost-effective energy efficiency over a building's life. PA 07-242 requires the state building inspector and the committee to revise the code starting January 1, 2008, and specifically includes residential buildings in this mandate. These two provisions are effective October 1, 2007.

PA 07-213

PA 07-213 also amends CGS § 16a-38k, but in a different way. It does not extend the green building standards to schools, renovations of state facilities, or to construction or renovation of state facilities such as garages. With regard to the construction of other state facilities, the act specifies that the standards apply only to projects for which all budgeted bond funds are allocated by the State Bond Commission on or after January 1, 2007. It provides that the act cannot be construed to require the redesign of certain projects. This provision applies to facilities that were designed to meet the LEED silver standard or a comparable standard, so long as design was begun or completed before the adoption of the regulations required under prior law. It is effective upon passage.

PA 07-213 does not amend CGS § 16a-38k to include the energy efficiency provisions of PA 07-242. PA 07-213 also does not address the school construction grant formula or the state building code.

KM: dw