1. A. The purpose of this section is to promote effective energy and environmental standards for the construction, renovation, and maintenance of public buildings in this state which will improve the capacity of the state to design, build, and operate high-performance buildings thus creating new jobs, contributing to economic growth, and increasing energy independence. To accomplish the objectives of this section, the state shall adopt construction standards for public buildings that:

   1. 1. Optimize the energy performance of public buildings in the state;
   2. 2. Increase the demand for environmentally preferable building materials, finishes, and furnishings;
   3. 3. Reduce the dependence of the state on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;
   4. 4. Protect and restore the natural resources of the state by avoiding development of inappropriate building sites;
   5. 5. Reduce the burden on municipal water supply and treatment by reducing potable water consumption;
   6. 6. Reduce waste generation and manage waste through recycling and diversion from landfill disposal;
   7. 7. Establish life-cycle cost analysis as the appropriate and most efficient analysis to determine the optimal performance level of a building project;
   8. 8. Ensure that the systems of each building project are designed, installed, and tested to perform according to the design intent and operational needs of the building through third-party postconstruction review and verification; and
   9. 9. Authorize the Office of Management and Enterprise Services to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate the energy independence of a public building project.

2. B. For purposes of this section:

   1. 1. "High-performance certification program" means a public building design, construction, and renovation standard which meets either the standards of the United States Green Building Council's Leadership in Energy and Environmental Design Rating System (LEED) or the standards of the Green Building Initiative's Green Globes Rating System, and which:

      1. a. is quantifiable, measurable, and verifiable as certified by an independent third party,
      2. b. reduces the operating costs of public buildings by reducing the consumption of energy, water, and other resources,
      3. c. results in the recovery of the increased initial capital costs attributable to compliance with the program over a time period by reducing long-term energy, maintenance, and operating costs,
      4. d. improves the indoor environmental quality of public buildings for a healthier work environment,
      5. e. encourages the use of products harvested, created, or mined within Oklahoma, regardless of product certification status, and
      6. f. protects the environment of Oklahoma;

   2. 2.

      1. a. "Public building" means a facility that:

         1. (1) is constructed or renovated in whole or in part with state funds or with funds guaranteed or insured by a state agency and the state funds constitute at least fifty percent (50%) of the project cost,
         2. (2) contains ten thousand (10,000) or more gross square feet,
         3. (3) includes a heating, ventilation, or air conditioning system, and
         4. (4) has not entered the design phase prior to July 1, 2008.

      2. b. A public building shall not include:

         1. (1) a building constructed or renovated with funds from a public school in the state as defined in Section 1-106 of Title 70 of the Oklahoma Statutes, and
         2. (2) a building constructed or renovated where the primary purpose of the building project is for the storage of archived documents;
   3. 3. "State agency" means any agency, board, commission, counsel, court, office, officer, bureau, institution, unit division, body, or house of the executive or judicial branches of state government, whether elected or appointed. State agency shall include institutions within The Oklahoma State System of Higher Education. State agency shall not mean a public school district or technology center school district; and
   4. 4. "Substantial renovation" means any renovation of a public building the cost of which exceeds fifty percent (50%) of the replacement value of the facility.
3. C. The Office of Management and Enterprise Services shall adopt and update from time to time a high-performance certification program.
4. D. A state agency designing, constructing, or controlling the substantial renovation of a public building shall carry out the design, construction, or substantial renovation so as to achieve the highest performance certification attainable as certified by an independent third party pursuant to the high-performance certification program adopted by the Office pursuant to subsection C of this section. For purposes of this subsection, a certification is attainable if the increased initial costs of achieving the certification, including the time value of money, can be recouped from decreased operational costs within five (5) years.
5. E. If the state agency estimates that the increased initial costs of achieving certification will exceed five percent (5%) of the total cost of the design, construction, or substantial renovation project, the Office of Management and Enterprise Services shall specifically examine the estimate before authorizing the design, construction or substantial renovation.
6. F. If a public building undergoing substantial renovation cannot achieve a high-performance certification due to either the historical nature of the building or because the increased costs of renovating the public building cannot be recouped from decreased operational costs within five (5) years, an accredited professional shall assert in writing that, as much as possible, the substantial renovation was executed in a manner that is consistent with the standards in the high-performance certification program adopted by the Office of Management and Enterprise Services.
7. G. Any facility that is designed or newly constructed with state funds with less than five thousand (5,000) gross square feet that except for the size would be a public building subject to the high-performance certification program, any minor renovation of a public building, and any controlled maintenance of a public building shall, as much as possible, be executed in a manner that is consistent with the standards in the high-performance certification program adopted by the Office of Management and Enterprise Services.
8. H. A public building may be exempted from complying with this section upon a determination by the Office of Management and Enterprise Services that extenuating circumstances exist such as to preclude compliance with the high-performance certification program.
9. I. The Office of Management and Enterprise Services shall identify and seek to have any public building which has been designed, constructed, or renovated in accordance with the standards of the high-performance certification program designated as an ENERGY STAR building by the United States Environmental Protection Agency.
10. J. The Office of Management and Enterprise Services shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with designing, constructing, or renovating a public building in accordance with the standards of the high-performance certification program. The Office shall issue an annual report regarding program guidelines, monitoring and evaluation procedures, and the energy and environmental benefits related to the implementation of the high-performance certification program.

Laws 2008, HB 3394, c. 418, § 1, emerg. eff. July 1, 2009; Amended by Laws 2012, HB 3079, c. 304, § 331 (superseded document available).