123.011 Office of energy services.
123.011 Office of energy services.
(A) As used in this section:
(1) “Construct” includes reconstruct, improve, renovate, enlarge, or otherwise alter.
(2) “Energy consumption analysis” means the evaluation of all energy consuming systems, components, and equipment by demand and type of energy, including the internal energy load imposed on a facility by its occupants and the external energy load imposed by climatic conditions.
(3) “Energy performance index” means a number describing the energy requirements of a facility per square foot of floor space or per cubic foot of occupied volume as appropriate under defined internal and external ambient conditions over an entire seasonal cycle.
(4) “Facility” means a building or other structure, or part of a building or other structure, that includes provision for a heating, refrigeration, ventilation, cooling, lighting, hot water, or other major energy consuming system, component, or equipment.
(5) “State funded” means funded in whole or in part through appropriation by the general assembly or through the use of any guarantee provided by this state.
(6) “State institution of higher education” has the same meaning as in section 3345.011 of the Revised Code.
(B) There is hereby created within the department of administrative services the office of energy services. The office shall be under the supervision of a manager, who shall be appointed by the director of administrative services. The director shall assign to the office such number of employees and furnish such equipment and supplies as are necessary for the performance of the office’s duties .
The office shall develop energy efficiency and conservation programs in each of the following areas:
(1) New construction design and review;
(2) Existing building audit and retrofit;
(3) Energy efficient procurement;
(4) Alternative fuel vehicles.
The office may accept and administer grants from public and private sources for carrying out any of its duties under this section.
(C) No state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution, including those agencies otherwise excluded from the jurisdiction of the department under division (A)(3) of section 123.01 of the Revised Code, shall lease, construct, or cause to be leased or constructed, within the limits prescribed in this section, a state-funded facility, without having secured from the office a proper life-cycle cost analysis or, in the case of a lease, an energy consumption analysis, as computed or prepared by a qualified architect or engineer in accordance with the rules required by division (D) of this section.
Construction shall proceed only upon the disclosure to the office, for the facility chosen, of the life-cycle costs as determined in this section and the capitalization of the initial construction costs of the building. The results of life-cycle cost analysis shall be a primary consideration in the selection of a building design. That analysis shall be required only for construction of buildings with an area of five thousand square feet or greater. An energy consumption analysis for the term of a proposed lease shall be required only for the leasing of an area of twenty thousand square feet or greater within a given building boundary. That analysis shall be a primary consideration in the selection of a facility to be leased.
Nothing in this section shall deprive or limit any state agency that has review authority over design , construction, or leasing plans from requiring a life-cycle cost analysis or energy consumption analysis.
Whenever any state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution requests release of capital improvement funds for any state-funded facility, it shall submit copies of all pertinent life-cycle cost analyses prepared pursuant to this section and in accordance with rules adopted under Chapters 3781. and 4101. of the Revised Code.
(D) For the purposes of assisting the department in its responsibility for state-funded facilities pursuant to section 123.01 of the Revised Code and of cost-effectively reducing the energy consumption of those and any other state-funded facilities, thereby promoting fiscal, economic, and environmental benefits to this state, the office shall promulgate rules specifying cost-effective, energy efficiency and conservation standards that may govern the lease, design, construction, operation, and maintenance of all state-funded facilities except facilities of state institutions of higher education. The office of energy efficiency in the department of development shall cooperate in providing information and technical expertise to the office of energy services to ensure promulgation of rules of maximum effectiveness. The standards prescribed by rules promulgated under this division may draw from or incorporate, by reference or otherwise and in whole or in part, standards already developed or implemented by any competent, public or private standards organization or program. The rules also may include any of the following:
(1) Specifications for a life-cycle cost analysis that shall determine , for the economic life of such state-funded facility, the reasonably expected costs of facility ownership, operation, and maintenance including labor and materials. Life-cycle cost may be expressed as an annual cost for each year of the facility’s use. Further, the life-cycle cost analysis may demonstrate for each design how the design contributes to energy efficiency and conservation with respect to any of the following:
(a) The coordination, orientation, and positioning of the facility on its physical site;
(b) The amount and type of glass employed in the facility and the directions of exposure;
(c) Thermal characteristics of materials incorporated into facility design, including insulation;
(d) Architectural features that affect energy consumption, including the solar absorption and reflection properties of external surfaces;
(e) The variable occupancy and operating conditions of the facility and portions of the facility, including illumination levels;
(f) Any other pertinent, physical characteristics of the design.
A life-cycle cost analysis additionally may include an energy consumption analysis that conforms to division (D)(2) of this section.
(2) Specifications for an energy consumption analysis of the facility’s heating, refrigeration, ventilation, cooling, lighting, hot water, and other major energy consuming systems, components, and equipment . This analysis shall include both of the following:
(a) The comparison of two or more system alternatives, one of which may be a system using solar energy;
(b) The projection of the annual energy consumption of those major energy consuming systems, components, and equipment , for a range of operation of the facility over the economic life of the facility and considering their operation at other than full or rated outputs.
A life-cycle cost analysis and energy consumption analysis shall be based on the best currently available methods of analysis, such as those of the national bureau of standards, the department of housing and urban development or other federal agencies , professional societies, and directions developed by the department.
(3) Specifications for energy performance indices, to be used to audit and evaluate competing design proposals submitted to the state.
(4) A requirement that, not later than two years after the effective date of this amendment, each state-funded facility except a facility of a state institution of higher education is managed by at least one building operator certified under the building operator certification program or any equivalent program or standards as shall be prescribed in the rules and considered reasonably equivalent.
(5) An application process by which a project manager, as to a specified state-funded facility except a facility of a state institution of higher education, may apply for a waiver of compliance with any provision of the rules required by divisions (D)(1) to (4) of this section.
(E) The office of energy services shall promulgate rules to ensure that energy efficiency and conservation will be considered in the purchase of products and equipment, except motor vehicles, by any state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution. Minimum energy efficiency standards for purchased products and equipment may be required, based on federal testing and labeling where available or on standards developed by the office. The rules shall apply to the competitive selection of energy consuming systems, components, and equipment under Chapter 125. of the Revised Code where possible.
The office also shall ensure energy efficient and energy conserving purchasing practices by doing all of the following :
(1) Cooperatively with the office of energy efficiency, identifying available energy efficiency and conservation opportunities ;
(2) Providing for interchange of information among purchasing agencies;
(3) Identifying laws, policies, rules, and procedures that need modification;
(4) Monitoring experience with and the cost-effectiveness of this state’s purchase and use of motor vehicles and of major energy-consuming systems, components, equipment, and products having a significant impact on energy consumption by government;
(5) Cooperatively with the office of energy efficiency, providing technical assistance and training to state employees involved in the purchasing process.
The department of development shall make recommendations to the office regarding planning and implementation of purchasing policies and procedures supportive of energy efficiency and conservation.
(F)(1) The office of energy services shall require all state agencies, departments, divisions, bureaus, offices, units, commissions, boards, authorities, quasi-governmental entities, institutions, and state institutions of higher education to implement procedures ensuring that all their passenger automobiles acquired in each fiscal year, except for those passenger automobiles acquired for use in law enforcement or emergency rescue work, achieve a fleet average fuel economy of not less than the fleet average fuel economy for that fiscal year as shall be prescribed by the office by rule. The office shall promulgate the rule prior to the beginning of the fiscal year in accordance with the average fuel economy standards established pursuant to federal law for passenger automobiles manufactured during the model year that begins during the fiscal year.
(2) Each state agency, department, division, bureau, office, unit, commission, board, authority, quasi-governmental entity , institution, and state institution of higher education shall determine its fleet average fuel economy by dividing:
(a) The total number of passenger vehicles acquired during the fiscal year, except for those passenger vehicles acquired for use in law enforcement or emergency rescue work, by
(b) A sum of terms, each of which is a fraction created by dividing:
(i) The number of passenger vehicles of a given make, model, and year, except for passenger vehicles acquired for use in law enforcement or emergency rescue work, acquired during the fiscal year, by
(ii) The fuel economy measured by the administrator of the United States environmental protection agency, for the given make, model, and year of vehicle, that constitutes an average fuel economy for combined city and highway driving.
As used in division (F)(2) of this section, “acquired” means leased for a period of sixty continuous days or more, or purchased.
(G) Each state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, institution, and state institution of higher education shall comply with any applicable provision of this section or of a rule promulgated pursuant to division (D) or (F) of this section.
Effective Date: 09-29-1995; 04-05-2007