SENATE BILL 200
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Carlos R. Cisneros
AN ACT
RELATING TO PUBLIC BUILDINGS; REALIZING COST SAVINGS THROUGH ENERGY EFFICIENCY STANDARDS FOR CERTAIN NEW PUBLIC BUILDINGS AND CERTAIN ADDITIONS AND RENOVATIONS TO EXISTING PUBLIC BUILDINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. ENERGY EFFICIENCY STANDARDS FOR PUBLIC BUILDINGS.--
A. As used in this section:
(1) "department" means the energy, minerals and natural resources department;
(2) "new building" means a building to be constructed that is designed with a square footage of three thousand or more square feet;
(3) "selected building addition" means an addition to a building that increases the square footage of the building by three thousand or more square feet; and
(4) "selected building renovation" means a renovation of a building that includes upgrade or replacement of at least two of the following:
(a) heating, ventilation and air conditioning systems;
(b) electrical systems, including lighting systems; and
(c) the components that separate the interior and the exterior environments of a building and serve to protect the indoor environment and facilitate climate control.
B. Except as provided in Subsection E of this section, a new building, selected building addition or selected building renovation that is financed to any extent with legislative appropriations of state general fund revenues, severance tax bond proceeds, supplemental severance tax bond proceeds or state general obligation bond proceeds shall be designed and constructed to:
(1) achieve a minimum delivered energy performance standard of fifty percent or less of the national average energy consumption for that type of building as shown in the latest edition of the buildings energy data book, published by the office of energy efficiency and renewable energy of the United States department of energy, or, if the buildings energy data book is no longer published, as shown in an alternative source specified by rule of the department; and
(2) attain the energy star qualification of the United States environmental protection agency, or an alternative, equivalent standard specified by rule of the department.
C. To assist in meeting the energy consumption goals established in Subsection B of this section, a building owner shall:
(1) evaluate the cost-effectiveness of alternate designs in order to identify the most energy efficient design that is cost-effective for the life cycle of the owner's building; and
(2) track building energy consumption, cost data and greenhouse gas emissions annually using the United States environmental protection agency's portfolio manager or an equivalent interactive energy management tool approved by the department.
D. The department shall promulgate rules necessary to carry out the provisions of this section, provided that rules relating to public school facilities shall be promulgated in conjunction with the public school facilities authority. Pursuant to those rules, the building owner shall submit to the department, and the department shall review, documentation to demonstrate the accomplishment of the energy reduction requirements of this section, including the following information:
(1) an energy savings goal that the building owner shall determine by one of the following methods:
(a) using the United States environmental protection agency's interactive target finder for the applicable type of building;
(b) if the type of building is not included in the target finder, using the public buildings energy consumption survey data, produced by the United States energy information administration, as a base line and multiplying the base line by fifty percent; or
(c) for a facility with multiple building types, a goal for each building type shall be determined separately pursuant to Subparagraph (a) or (b) of this paragraph and combined to determine the overall energy goal for the facility;
(2) an energy model certified by a building's design engineer of record that shall be used to verify that the building is designed to achieve the energy consumption goal;
(3) a survey of energy efficiency upon completion of the new building, selected building addition or selected building renovation; and
(4) energy consumption and cost data, as calculated pursuant to the United States environmental protection agency's portfolio manager or an equivalent interactive energy management tool approved by the department.
E. The requirements of this section do not apply to:
(1) a new building, a selected building addition or a selected building renovation for which the initial legislative appropriation is made prior to January 1, 2011;
(2) a new building, a selected building addition or a selected building renovation for which, in the department's opinion, substantial design expenditures have been made prior to July 1, 2010;
(3) a selected building addition to an existing building or a selected building renovation to an existing building if the existing building is listed in the state register of cultural properties of the national register of historic places; or
(4) a new building, selected building addition or selected building renovation if the department determines that the costs of compliance with the requirements of this section would exceed the estimated life-cycle savings of the building, addition or renovation.
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