December 11, 2019
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_h0023__
HB 23

1
A bill to be entitled
2An act relating to education facilities; creating s.
31013.441, F.S.; establishing the Green Schools Pilot
4Project to enable selected school districts to comply with
5certain building-certification standards; defining the
6term "additional costs"; providing for an application and
7selection process for participation in the pilot project;
8providing requirements for school districts to
9participate; providing for evaluation criteria that may be
10used during the selection process; providing for the
11distribution of funds by the Department of Education;
12providing for prorated distribution of funds under
13specified circumstances; providing authority to distribute
14excess funds for specified purposes; requiring the
15reporting of expenditures by participating school
16districts; authorizing inspection and evaluation of the
17reports by the Auditor General; providing for the return
18of improperly expended funds and of specified funds if a
19constructed or renovated school fails to achieve specified
20certification standards; requiring a report by each
21participating school district; providing an appropriation;
22providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 1013.441, Florida Statutes, is created
27to read:
28     1013.441  Green Schools Pilot Project.--
29     (1)  The Legislature finds that it is cost-effective and
30healthy for the public and the environment to build schools that
31maximize low-water usage and incorporate energy efficiencies,
32renewable energy, and recycling technologies into the
33construction of schools. Therefore, the Green Schools Pilot
34Project is established for selected school districts for the
35purpose of incorporating the Leadership in Energy and
36Environmental Design (LEED) silver-level or the Green Globes
37two-globe rating or better building-certification standards into
38every new educational building construction project and, when
39feasible, every educational building renovation project.
40     (2)  LEED building-certification standards are defined by
41the United States Green Building Council and the Green Globes
42building-certification standards are defined by the Green
43Building Initiative. Both standards address the total effect
44that new buildings have on the environment so as to maximize
45energy efficiency and to minimize adverse effects on the
46environment.
47     (3)  For purposes of this section, the term "additional
48costs" means the expenditures that are necessary to build a
49complete school to LEED silver-level or Green Globes two-globe
50or better building-certification standards but that exceed the
51expenditures necessary to build a complete school in compliance
52with this chapter. Such additional costs may include, but are
53not limited to, registration and certification fees charged for
54certification of the school to LEED silver-level or Green Globes
55two-globe or better building-certification standards.
56     (4)(a)  The Department of Education, in consultation with
57the Florida Energy Office, shall develop by August 1, 2008, an
58application process for school districts to participate in the
59pilot project. Three school districts shall be selected by the
60State Board of Education by January 1, 2009, to participate in
61the pilot project. One school district shall be in a county
62having a population of 1 million or more residents; one school
63district shall be in a county having a population of 250,000 to
64999,999 residents; and one school district shall be in a county
65having a population of fewer than 250,000 residents. School
66districts selected to participate in the pilot project shall, to
67the greatest extent possible, represent geographically different
68regions of the state.
69     (b)  At a minimum, each school district selected by the
70State Board of Education to participate in the pilot project
71must:
72     1.  Demonstrate that it implements sound financial
73management practices by producing documentation that indicates
74that the school district for the preceding 3 years has had no
75material weaknesses or instances of material noncompliance noted
76in its annual audits required under s. 218.39.
77     2.  Engage a design team that has demonstrated knowledge
78and experience in high-performance green building construction.
79     3.  Commit to building at least one complete school to LEED
80silver-level or Green Globes two-globe or better building-
81certification standards. A school built to such building-
82certification standards shall be designated as a "Green School."
83     (c)  When selecting school districts to participate in the
84pilot project, evaluation criteria implemented by the State
85Board of Education may include, but need not be limited to,
86school districts that demonstrate a high percentage of
87environmentally inefficient schools or school districts that
88propose innovative methods for improving water savings, energy
89efficiency, or indoor environmental quality.
90     (5)(a)  From funds appropriated for the Green Schools Pilot
91Project, the department shall distribute to each participating
92school district an amount sufficient to fund the additional
93costs required to build one complete school to LEED silver-level
94or Green Globes two-globe or better building-certification
95standards.
96     1.  If appropriated funds are insufficient to fund the
97total of additional costs required to build three complete
98schools to LEED silver-level or Green Globes two-globe or better
99building-certification standards, the department shall prorate
100funds available and make distributions based on the ratio of
101each school's additional costs relative to the total of
102additional costs for the three schools.
103     2.  If appropriated funds remain after the distribution,
104such funds may be distributed by the department to one or more
105of the participating school districts to fund the additional
106costs required to build other new schools or to renovate
107existing schools to LEED silver-level or Green Globes two-globe
108or better building-certification standards.
109     (b)  Participating school districts must annually report to
110the department the expenditure of funds received under paragraph
111(a). The reports must be open to inspection and examination by
112the Auditor General. A participating school district must return
113to the department:
114     1.  Any funds found by the Auditor General to have been
115improperly expended.
116     2.  Funds received under paragraph (a) for the construction
117or renovation of a school if LEED silver-level or Green Globes
118two-globe or better building certification is not obtained for
119the school within 1 year after its completion.
120     (6)  Each participating school district shall deliver to
121the Governor, the President of the Senate, the Speaker of the
122House of Representatives, and the Commissioner of Education a
123report on the effects Green Schools have had on student
124performance and health, operational costs, energy consumption,
125and the environment in the district. This report shall be
126submitted by July 1 of the year after a Green School has been in
127full operation for 3 years.
128     Section 2.  For fiscal year 2008-2009, the sum of
129$3,500,000 in nonrecurring funds is appropriated from the Public
130Education Capital Outlay and Debt Service Trust Fund to the
131Department of Education to fund the additional costs required
132for the new construction of three complete schools to LEED
133silver-level or Green Globes two-globe or better building-
134certification standards under the Green Schools Pilot Project as
135provided in s. 1013.441, Florida Statutes.
136     Section 3.  This act shall take effect July 1, 2008.


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