42-140-13. Energy Benchmarking And Performance Standards Program.

(a) Definitions. For the purposes of this section:

(1) “Department” means all state departments whose directors are enumerated in § 42-6-3

and shall additionally include the executive office of health and human services, the executive

office of commerce, and the executive office of housing.

(2) “Public buildings” for the purpose of this section means all municipal and school

buildings owned by a municipality that are at least twenty-five thousand gross square feet (25,000

GSF).

(3) “State-owned, state-occupied facilities” means buildings owned by the state that

primarily contain offices or other administrative work space for state employees and are at least

twenty-five thousand gross square feet (25,000 GSF).

(c) State facilities benchmarking and performance standards program

(1) Utilizing the data due March 31, 2029, in subsection (b)(2), the office of energy

resources shall, with consultation from departments, develop and publish performance standards

for state-owned, state-occupied facilities by March 31, 2030 and may update the performance

standards and any revision to the standards thereafter. The performance standards published must

include:

(i) An annualized emissions standard based on energy usage for each state-owned, state-

occupied facility as necessary, to achieve by specified dates;

(ii) A schedule for compliance terminating in 2050; and

(iii) The cost-benefit analysis used to determine which state-owned, state-occupied

facilities are assigned performance standards, as set forth in subsection (c)(2) below.

(2) The performance standards shall be determined by evaluating:

(i) The total amount of emissions reductions that could be achieved while maintaining state

operations;

(ii) The relative contribution of the emissions reductions to decadal targets established by

§ 42-6.2-2 compared to other strategies, programs, and actions established by the executive climate

change coordinating council in its plan due December 31, 2025, in accordance with § 42-6.2-

2(2)(i); and

(iii) The fiscal impacts of achieving the performance standards.

(3) The departments shall meet the performance standards set in accordance with

subsection (c)(2). No later than ninety (90) days after each specified compliance date established

in accordance with subsection (c)(1), the office of energy resources shall publish a performance

standards compliance report demonstrating the status of each state-owned, state-occupied facility

subject to a performance standard and post on its website. In the event that a state-owned, state-

occupied facility fails to meet a performance standard, the office of energy resources shall provide

a corrective action plan with which the state-owned, state-occupied facility shall comply within

ninety (90) days of the compliance deadline.

(4) Subsections (c)(1), (c)(2), and (c)(3) shall not apply to state-owned, state-occupied

facilities which the office and department of administration determine are not suitable candidates

for achieving greenhouse gas emission reductions due to economic infeasibility or unique

operational or physical limitations. Any such determinations shall be published in addition to the

standards required in subsection (c)(2) and posted on the office’s website.

(d) Voluntary energy benchmarking program for public buildings

(i) The office of energy resources shall provide technical and financial assistance to

municipalities for a voluntary public buildings energy benchmarking program of public buildings

on municipal properties in which buildings are greater than twenty-five thousand square feet

1 (25,000 ft 2 ).

(ii) The office of energy resources shall maintain a website that tracks its implementation

of the voluntary public buildings energy benchmarking program. The office shall submit to the

governor and general assembly by May 1, 2028, and annually thereafter a progress report on the

voluntary public buildings energy benchmarking program.

SECTION 14. This article shall take effect upon passage.

‌ =======

art.012/6/012/5/012/4/012/3/012/2

=======