§ 143-135.37. Energy and water use standards for public major facility construction and renovation projects; verification and reporting of energy and water use.

§ 143‑135.37.  Energyand water use standards for public major facility construction and renovationprojects; verification and reporting of energy and water use.

(a)        ProgramEstablished. – The Sustainable Energy‑Efficient Buildings Program isestablished within the Department to be administered by the Department. Thisprogram applies to any major facility construction or renovation project of apublic agency that is funded in whole or in part from an appropriation in theState capital budget or through a financing contract as defined in G.S. 142‑82.

(b)        Energy‑EfficiencyStandard. – For every major facility construction project of a public agency,the building shall be designed and constructed so that the calculated energyconsumption is at least thirty percent (30%) less than the energy consumptionfor the same building as calculated using the energy‑efficiency standardin ASHRAE 90.1‑2004. For every major facility renovation project of apublic agency, the renovated building shall be designed and constructed so thatthe calculated energy consumption is at least twenty percent (20%) less thanthe energy consumption for the same renovated building as calculated using theenergy‑efficiency standard in ASHRAE 90.1‑2004. For the purposes ofthis subsection, any exception or special standard for a specific type ofbuilding found in ASHRAE 90.1‑2004 is included in the ASHRAE 90.1‑2004standard.

(c)        Water Use Standard.– For every major facility construction or renovation project of a publicagency, the water system shall be designed and constructed so that thecalculated indoor potable water use is at least twenty percent (20%) less thanthe indoor potable water use for the same building as calculated using thefixture performance requirements related to plumbing under the 2006 NorthCarolina State Building Code. For every major facility construction project ofa public agency, the water system shall be designed and constructed so that thecalculated sum of the outdoor potable water use and the harvested stormwater useis at least fifty percent (50%) less than the sum of the outdoor potable wateruse and the harvested stormwater use for the same building as calculated usingthe performance requirements related to plumbing under the 2006 North CarolinaState Building Code. For every major facility renovation project of a publicagency, the Department shall determine on a project‑by‑projectbasis what reduced level of outdoor potable use or harvested stormwater use, ifany, is a feasible requirement for the project, but the Department shall notrequire a greater reduction than is required under this subsection for a majorfacility construction project. To reduce the potable outdoor water use asrequired under this subsection, landscape materials that are water use efficientand irrigation strategies that include reuse and recycling of the water may beused.

(d)        PerformanceVerification. – In order to be able to verify performance of a buildingcomponent or an energy or water system component, the construction contractshall include provisions that require each building component and each energyand water system component to be commissioned, and these provisions shall beincluded at the earliest phase of the construction process as possible and inno case later than the schematic design phase of the project. Suchcommissioning shall continue through the initial operation of the building. Theproject design and construction teams and the public agency shall jointlydetermine what level of commissioning is appropriate for the size andcomplexity of the building or its energy and water system components.

(e)        Separate UtilityMeters. – In order to be able to monitor the initial cost and the continuingcosts of the energy and water systems, a separate meter for each electricity,natural gas, fuel oil, and water utility shall be installed at each buildingundergoing a major facility construction or renovation project. Each metershall be installed in accordance with the United States Department of Energyguidelines issued under section 103 of the Energy Policy Act of 2005 (Pub. L.109‑58, 119 Stat. 594 (2005)). Starting with the first month of facilityoperation, the public agency shall compare data obtained from each of thesemeters by month and by year with the applicable energy‑efficiencystandard under subsection (b) of this section and the applicable water usestandard for the project under subsection (c) of this section and reportannually no later than August 1 of each year to the Office of StateConstruction within the Department. If the average energy use or the averagewater use over the initial 12‑month period of facility operation exceedsthe applicable energy‑efficiency standard under subsection (b) of thissection or exceeds the applicable water use standard under subsection (c) ofthis section by fifteen percent (15%) or more, the public agency shallinvestigate the actual energy or water use, determine the cause of thediscrepancy, and recommend corrections or modifications to meet the applicablestandard.  (2008‑203,s. 1.)