Buildings and structures indicated in subdivisions (1) – (3) of this section may be exempt from the provisions of this part, if the conditions below have been met:

1. (1) Major university systems.

   1. (A) The boards of trustees for the University of Arkansas system, Arkansas State University system, the University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University are exempt from the provisions of this part if those institutions develop policies and procedures to meet the specific performance criteria and goals for a major facility or major renovation.
   2. (B) This part does not preclude an institution of higher education from adopting the policies and technical guidelines for a major facility or major renovation established by the Arkansas Energy Office under Subparts 2 and 3 of this part or affect the processes or exemptions under Arkansas Code § 22-6-601;

2. (2) Other institutions of higher education.

   1. (A) The board of trustees of any institution of higher education that is not included under subdivision (1) of this section may be exempted from the provisions of this part by the Department of Higher Education using the procedures described in this part.
   2. (B) This part does not preclude an institution of higher education from adopting the policies and technical guidelines for a major facility or major renovation established by the office under Subparts 2 and 3 of this part or affect the processes or exemptions under Arkansas Code § 22-6-601; and

3. (3) Historic and unique buildings.

   1. (A) This part does not apply if the implementation of a measure to conserve energy, water, or other utility use conflicts with the requirements for a property to be eligible for, nominated to, or entered on the:

      1. (i) National Register of Historic Places; or
      2. (ii) State Register of Historic Places.

   2. (B) The property is:

      1. (i) An historic building located within an historic district;
      2. (ii) An historic building listed, owned, or under the jurisdiction of an historic properties commission; or
      3. (iii) A building that the office has exempted from this part because of its unique architectural characteristics or usage.