Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
56.770,
56.775,
56.777,
56.872,
164A.580
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
56.777(7) requires that the
Finance and Administration Cabinet promulgate administrative regulations to
establish high performance building standards for state building projects,
considering recommendations from the High-Performance Buildings Advisory
Committee established by
KRS
56.777(7). This
administrative regulation establishes the criteria for the high performance
building standards and the benchmarks by which the standards will be measured
in consideration of the Committee's recommendations.
Section 1. Definitions.
(1) "Committee" means the High-Performance
Buildings Advisory Committee established by
KRS
56.777.
(2) "ENERGY STAR" is defined by
KRS
56.770(17).
(3) "High performance building" is defined by
KRS
56.770(7).
(4) "LEED" is defined by
KRS
56.770(19).
(5) "Major renovation building project" means
a renovation project for which the budget exceeds half of the replacement value
of the building being renovated.
(6) "Replacement value" means the insured
value.
Section 2. High
Performance Building Standards. The standards established in this section shall
apply to high performance buildings, in accordance with
KRS
56.777.
(1)
All new construction and major renovation building projects for the amount of
$25 million or more in budget shall be designed, built, and submitted for
certification to achieve a rating of Silver Level or higher using the LEED 2009
- New Construction Project Scorecard.
(2) All new construction and major renovation
building projects between $5 million and $25 million in budget shall be
designed, built, and submitted for certification to achieve a rating of
Certified level or higher using the LEED 2009 - New Construction Project
Scorecard.
(3) All new construction
and major renovation building projects greater than $5 million in budget shall
additionally achieve a minimum of 7 points for new and for existing buildings
under the LEED Energy and Atmosphere Credit 1, Optimize Energy Performance in
the LEED 2009 - New Construction for Member Ballot.
(4) All new construction and major renovation
building projects between $600,000 and $5 million in budget shall be designed
and built using the LEED Rating System as guidance.
(5) Any new construction or major renovation
building project that fails to achieve the LEED rating required under this
section shall be considered to have met the requirements of this section, if:
(a) The required rating was not achieved due
to the sole failure to receive a point for certified wood, credit 7 in the
Material and Resource category of the LEED Rating System; and
(b) The project used wood products certified
under the American Tree Farm System (ATFS) or the Sustainable Forestry
Initiative (AFI).
Section
3. Exemption From Standards. A new construction or major
renovation building project that is required, or that it will otherwise be in
the best interest of the Commonwealth to grant an exemption. to meet the high
performance building standards may be granted an exemption from the standards
if there is an extraordinary undue burden in accordance with subsections (2)
and (3) of this section.
(1) An affected
agency may request that the Secretary of the Finance and Administration
Cabinet, or in the case of a state university, which manages its own capital
construction projects under
KRS
164A.580, the university's governing board,
grant an exemption from the standards in Section 2 of this administrative
regulation. This request for exemption shall be made in writing and fully
justified.
(2) The Secretary, or
the university's governing board with actual jurisdiction, shall have the
nondelegable authority to grant an exemption from the standards in Section 2,
if the agency adequately demonstrates that an extraordinary undue burden will
be placed upon the agency if project compliance is required, or that it will
otherwise be in the best interest of the Commonwealth to grant an exemption. If
the Secretary or the university's governing board grants an exemption, the
exemption shall specify the extent to which the standards in Section 2 of this
administrative regulation shall be waived.
(3) Factors to be considered in determining
whether to grant an exemption shall include:
(a) Whether the cost of compliance exceeds a
building's life-cycle cost savings;
(b) Whether compliance will increase costs
beyond the appropriated funding capacity for a project;
(c) Whether compliance will compromise the
historic nature of a building;
(d)
Whether compliance will violate federal, state, or local law;
(e) Whether the unique nature of a project
makes compliance impractical or not feasible.
(f) Whether another high performance building
program, such as the ENERGY STAR rating system or the Green Globes rating
system, will be utilized even if an exemption from the standards in Section 2
of this administrative regulation is granted.
(4) If a university's governing board grants
an exemption, a copy of the exemption shall be promptly provided to the
Secretary of the Finance and Administration Cabinet for informational purposes
only.
Section 4.
Mandatory Requirement. Pursuant to
KRS
56.777(7), each
high-performance building shall be designed, constructed, or renovated so that
it is capable of being rated as an ENERGY STAR building. An exemption shall not
be granted from this requirement.
Section
5. For all new construction and major renovation building
projects, agencies shall consider and encourage the use of the items identified
in
KRS
56.777(8). The use of
locally grown lumber shall include wood products certified under the Forest
Stewardship Council (FSC), the American Tree Farm System (ATFS), or the
Sustainable Forestry Initiative (SFI).
Section
6. In accordance with
KRS
56.777(2), the Finance and
Administration Cabinet and universities that manage their own capital
construction projects under
KRS
164A.580 shall give a preference in the
leasing process to high performance buildings over other buildings that do not
meet these standards, unless an exemption is granted in accordance with Section
2 of this administrative regulation.
Section
7. Universities that manage their own capital construction
projects under
KRS
164.580 shall provide the Finance and
Administration Cabinet with a report on or before September 1 of each
odd-numbered year, on the use of energy-efficiency measures, including
improvements in energy efficiency planned or realized through the use of high
performance buildings standards, in order to allow the Finance and
Administration Cabinet to comply with the reporting requirements of
KRS
56.782.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "LEED 2009 - New Construction
Project Scorecard"; and
(b) "LEED
2009 - New Construction for Member Ballot".
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for
Facilities and Support Services, Room 340, Bush Building, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
56.777