Energy Efficiency Program for State Government Buildings

In April 2008, Kentucky enacted legislation (HB 2) to improve the energy performance of all state-owned and state-leased buildings. The legislation requires that all construction or renovation of public buildings for which 50% or more of the total capital cost is paid by the state must be renovated or designed to meet high-performance building standards (Ky. Rev. Stat. § 56.775). In general, a high-performance building is defined as a public building that is designed, constructed and capable of being operated in a manner that:

• Increases environmental performance and economic value over time
• Safeguards the health of occupants
• Enhances satisfaction and productivity of workers through energy-efficient systems
• Incorporates environmentally friendly materials and products; and
• Reduces waste

The High-Performance Buildings Advisory Committee assisted the Finance and Administration Cabinet with setting out the standards and benchmarks by which to evaluate buildings. These standards are defined in Title 200, Chapter 006, Regulation 070 of the Kentucky Administrative Regulations. These standards are as follows:

          - All new construction and major renovations for the amopunt of $25   million or more must achieve a LEED Silver rating using the LEED 2009 - New Construction Project Scorecard.

          - All new construction and major renovations between $5 million and $25 million must achieve a LEED Certified rating using the LEED 2009 - New Construction Project Scorecard.

          - All new construction and major renovations greater than $5 million must aditionally achieve a minimum of 7 points for new and existing buildings under the LEED Energy and Atmosphere Credit 1, Optimizer Energy Performance in the LEED 2009 - New Construction for Member Ballot.

          - All new construction and major renovations between $600,000 and $5 million must be designed and built using the LEED Rating system as guidance.

This legislation also requires that all building leases for the state or any of its agencies meet Energy Star high-performance building standards after July 1, 2018. Public buildings must purchase ENERGY STAR qualified products if life-cycle cost analysis determines they are cost-effective.

History
Note: HB 2 was enrolled in 2008, and re-codified in 2010 by HB240. On February 7th 2005, the governor of Kentucky signed Executive Order 2005-122 establishing a Utility Savings Council. The Council was created in order to evaluate all state agencies’ energy costs and to make recommendations, such as energy savings performance contracting and improved energy management, with the goal of saving at least 10% in energy costs annually throughout the state government. The governor of Kentucky also announced that Kentucky joined the Energy Star Challenge to improve the energy efficiency of state-owned buildings by 10%.