Bill Summary for H 245 (2021-2022)

Summary date: 

Mar 9 2021

Bill Information:

View NCGA Bill Details2021
House Bill 245 (Public) Filed Tuesday, March 9, 2021
AN ACT TO SAVE NORTH CAROLINA TAXPAYER DOLLARS BY REQUIRING REDUCTIONS IN ENERGY AND WATER CONSUMPTION IN PUBLIC BUILDINGS BY 2027.
Intro. by Szoka, Arp, Saine, Zenger.

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Bill summary

Amends GS 143-64.12, requiring the energy consumption per gross square foot for all State buildings in total be reduced by 40% by 2027. 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.

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.

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, generate revenue, or (previously did not include generating revenue). Now specifically includes proper building envelope 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" in addition to "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. Applies to every major facility construction projects and every major facility renovation project of a public agency that has not entered the schematic design phase prior to the date the act becomes law. 

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 preliminary analysis be completed and a report submitted to the State Energy Office no later than October 1, 2022. 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 April 1, 2023, 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 October 1, 2027, with RFPs issued for a guaranteed energy savings contract no later than April 1, 2028. 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.  

Defines State institution of higher learning by statutory cross-reference. 

Limits the scope of the act to State buildings managed by the Department of Administration pursuant to Article 36 of GS Chapter 143 and State institutions of higher learning.

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