EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.

View NCGA Bill Details2019-2020 Session
House Bill 330 (Public) Filed Monday, March 11, 2019
AN ACT TO SAVE NORTH CAROLINA TAXPAYER DOLLARS BY REQUIRING REDUCTIONS IN ENERGY AND WATER CONSUMPTION IN PUBLIC BUILDINGS BY 2025.
Intro. by Szoka, Arp, Humphrey, Ross.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 4 2019)
H 330

Bill Summaries:

  • Summary date: Mar 26 2019 - More information

    House committee substitute to the 1st edition makes the following changes.

    Amends the proposed changes to GS 143-64.12, to maintain the biennial frequency of management plan updates for each state agency and state institution of higher learning (previously proposed increase to annually). Increases the frequency of reporting utility consumption and costs of each community college from biennially to annually. Removes the requirement for the Department of Administration to develop and conduct an energy audit and procedure for conducting energy audits every five years as part of the Facilities Condition and Assessment Program. Makes conforming changes to the management plans of State agencies and institutions. Makes conforming deletion of the Department of Administration's reporting requirement regarding energy audits. Deletes the proposed increase in frequency of the report of the State Energy Office on its comprehensive program to manage utility use for state agencies and state institutions of higher learning, to now maintain the biennial frequency (previously proposed increase to annually).

    Enacts GS 143-64.12A to require all state agencies and institutions of higher learning to ensure that lighting in unoccupied interior spaces and upward-directed flood lighting is turned off on the premises of all buildings owned or leased by the entities from midnight until 6:00 a.m., unless required for safety, emergency, or insurance purposes. Places compliance responsibility with the building manager or property manager of each premises.

    Modifies the proposed changes to the definition of energy conservation measure as used in Part 2, Article 3B, GS Chapter 143 (Energy Saving Measures for Governmental Units) set out in GS 143-64.17. Now defines the term to mean a facility or meter alteration, training, or services related to the operation of the facility or meter, when the alteration, training, or services provide anticipated energy savings, generate revenue, or capture lost revenue (previously, eliminated the existing language for providing captured lost revenue). Now specifically includes proper building envelope (was, air) and duct sealing of all applicable areas in the building in insulating the building structure and systems. Further amends the proposed changes to the definition of energy savings as used in Part 2, to refer to both captured lost revenues and generated revenues (previously, referred to "generated revenues" rather than "captured lost revenues"). 

    Changes the timelines concerning the analyses for implementing energy conservation measures. Now requires every state agency and state institution of higher learning to conduct a preliminary practicality and feasibility analysis of implementing energy conservation measures for all buildings greater than 20,000 square feet in size that have been in use for more than 10 years by October 1, 2020 (was, May 31, 2020). Now requires implementation, as specified, of the measures if they are found to be practical and economically feasible, including issuing a request for proposal (RFP) no later than April 1, 2021 (was, December 31, 2020), if the agency or institution decides to issue an RFP for a guaranteed energy savings contract for one or more buildings to achieve energy conservation measures. Now requires each state agency and state institution of higher learning to repeat the described analysis process for all buildings greater than 10,000 square feet in size and that have been in use for more than 10 years no later than October 1, 2025 (was, May 31, 2025), with RFPs issued for a guaranteed energy savings contract no later than April 1, 2026 (was, December 31, 2025). 

    Eliminates the proposed repeals of Sections 4.2(a) and 4.2(b) of SL 2017-10, which repealed the annual reporting requirement of the Department of Administration on the implementation of the Sustainable Energy Efficient Building Program set out in GS 143-135.39(f) and (g) and GS 143-135.40(b).


  • Summary date: Mar 11 2019 - More information

    Amends GS 143-64.12, requiring the energy consumption per gross square foot for all State buildings in total be reduced by 40% by 2025. Increases the frequency of management plan updates for each State agency and State institution of higher learning from biennially to annually. Increases the frequency of reporting utility consumption and costs of each community college from biennially to annually. Directs the State Energy Office to report annually, rather than biennially, to the specified NCGA Commission, Committee, and Division on its comprehensive program to manage utility use for State agencies and State institutions of higher learning.

    Amends the definition of energy conservation measure as used in Part 2, Article 3B, GS Chapter 143 (Energy Saving Measures for Governmental Units) set out in GS 143-64.17. Now defines the term to mean a facility or meter alteration, training, or services related to the operation of the facility or meter, when the alteration, training, or services provide anticipated energy savings or generate revenue (was, or capture lost revenue). Now specifically includes proper air and duct sealing of all applicable areas in the building in insulating the building structure and systems. Expands the term to include building analytics systems that allow for advanced software utilizing statistical modeling and machine learning, whether or not supervised, to establish data-driven benchmarks, predict future energy performance, and find additional energy saving opportunities. Amends the definition of energy savings as used in Part 2, to refer to "generated revenues" rather than "captured lost revenues." 

    Amends GS 143-135.37 to now require every major facility construction project of a public agency to have the building designed and constructed so that the calculated energy consumption is at least 40% (was, 30%) less than the energy consumption for the same building as calculated using the specified energy-efficiency standard. Similarly increases the energy efficiency standard for major facility renovation projects of public agencies from at least 20% to at least 30% less than the energy consumption for the same renovated building as calculated using the specified energy efficiency standard. Increases the indoor potable water use standard for every major facility construction or renovation project of a public agency from at least 20% to at least 30% less than the same building as calculated using the specified fixture performance requirements.

    Requires every State agency and State institution of higher learning to conduct a preliminary practicality and feasibility analysis of implementing energy conservation measures for all building greater than 20,000 square feet in size that have been in use for more than 10 years. Defines economic feasibility to mean the resulting energy savings will cover the cost of implementing the measures within 10 years. Requires the analysis be completed and a report submitted to the State Energy Office no later than May 31, 2020. Details the required findings that must be included following certain determinations. Requires implementation, as specified, of the measures if they are found to be practical and economically feasible, including issuing a request for proposal (RFP) no later than December 31, 2020, if the agency or institution decides to issue an RFP for a guaranteed energy savings contract for one or more buildings to achieve energy conservation measures. Requires each State agency and State institution of higher learning to repeat the described analysis process for all buildings greater than 10,000 square feet in size and that have been in use for more than 10 years no later than May 31, 2025, with RFPs issued for a guaranteed energy savings contract no later than December 31, 2025. Excludes any building for which a practicality and economic feasibility analysis of implementing energy conservation measures has been conducted within 3 years prior to the effective date of the act. Specifies that the provisions do not prohibit any State agency or State institution of higher learning from issuing any RFPs for a guaranteed energy savings contract.  

    Repeals Sections 4.2(a) and 4.2(b) of SL 2017-10, which repealed the annual reporting requirement of the Department of Administration on the implementation of the Sustainable Energy Efficient Building Program set out in GS 143-135.39(f) and (g) and GS 143-135.40(b).


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