Arkansas Administrative Code › Agency 168 - Arkansas Economic Development Commission › Rule 168.00.10-001 - Energy Efficiency and Natural Resource Conservation in Public Buildings

Current through Register Vol. 49, No. 6, June, 2024
INTRODUCTION
Public buildings can be built, renovated and operated using
			 sustainable, energy-efficient practices and technologies that save money,
			 reduce negative environmental impacts and improve employee performance. Act
			 1494 was passed by the General Assembly to show that the State of Arkansas can
			 design and operate its buildings in order to "Lead By Example". The two
			 programs established by Act 1494 are the Sustainable Public Buildings Program
			 and the State Buildings Energy Management Program.
The main objectives of the Sustainable Public Buildings Program
			 are to:
1. Avoid resource depletion of
		  energy, water, and raw materials;
2. Prevent environmental degradation caused
		  by facilities and infrastructure throughout their life cycle; and
3. Create buildings that are cost effective,
		  habitable, safe, and productive.
State-owned buildings and buildings owned by an institution of
			 higher education can be improved by establishing specific performance criteria
			 and goals for sustainable, energy-efficient public buildings that are based on
			 recognized, consensual standards with a scientifically proven basis and a
			 history of successful performance.
The role of the Arkansas Energy Office (AEO) is to develop and
			 administer policies, procedures and technical guidelines for compliance with
			 the criteria and performance standards for the construction and renovation of
			 major facilities. The AEO will also develop and administer guidelines for state
			 agencies to manage energy, water and other utilities that will reduce total
			 energy consumption per gross square foot, to the maximum extent practicable,
			 for all existing state buildings. This energy management program is designed to
			 achieve compliance with State Laws and Policies concerning energy efficiency
			 goals through the implementation of energy conservation measures and monitoring
			 of the utility costs and usage.
The main objectives of the State Buildings Energy Management
			 Program are to:
1. Promote energy
		  conservation in buildings owned by public agencies and institutions of higher
		  education, and therefore reduce the rate of expenditures of public
		  dollars;
2. Develop and adopt
		  guidelines and technical guidance for compliance with the efficient energy
		  management and operation of state buildings; and
3. Reduce the use of energy, in accordance
		  with ACA § 25-4-406, twenty percent (20 %) by the end of fiscal year 2014
		  and thirty percent (30%) by the end of the fiscal year 2017. This reduction
		  will be measured in total energy use per gross square foot per year compared to
		  fiscal year 2008.
CHAPTER 1
:
		  ADMINISTRATION AND ENFORCEMENT
A.
Title.
These Rules shall be known as
Sustainable
		  Energy-Efficient Public Buildings (Lead By Example) or these
		  Rules.
B.
Scope.
The Arkansas Energy Office (AEO) promulgates these Rules for the
		  implementation of energy efficient measures in certain state buildings, and to
		  adopt building energy standards for energy efficiency and conservation in
		  sustainable state building design. The AEO will also develop educational and
		  training guidelines for the various personnel that may be involved in
		  implementation of energy measures required by these Rules.
C.
Exempt buildings.
Buildings
		  and structures indicated in Sections 1 through 3 below may be exempt from the
		  provisions of these Rules, if the conditions below have been met.
1.
Major University Systems.
The
		  boards of trustees for the University of Arkansas System, Arkansas State
		  University System, the University of Central Arkansas, Henderson State
		  University, Arkansas Tech University, and Southern Arkansas University are
		  exempt from the provisions of these Rules if those institutions develop
		  policies and procedures to meet the specific performance criteria and goals for
		  a major facility or major renovation. These Rules do not preclude an
		  institution of higher education from adopting the policies and technical
		  guidelines for a major facility or major renovation established by the AEO
		  under Chapter 3 and 4 of these Rules or affect the processes or exemptions
		  under ACA§ 22-6-601.
2.
Other Institutions of Higher Education.
The board of trustees of
		  any institution of higher education that is not included under Chapter 1.C.1.
		  of this section may be exempted from the provisions of these Rules by the
		  Department of Higher Education using the procedures described in these Rules.
		  These Rules do not preclude an institution of higher education from adopting
		  the policies and technical guidelines for a major facility or major renovation
		  established by the AEO under Chapter 3 and 4 of these Rules or affect the
		  processes or exemptions under ACA§ 22-6-601.
3.
Historic and Unique Buildings.
These Rules do not apply if the implementation of a measure to conserve
		  energy, water, or other utility use conflicts with the requirements for a
		  property to be eligible for, nominated to, or entered on the
National Register of Historic Places under the National Historic
			 Preservation Act of 1966, P.L. 89-665; the Arkansas Register of Historic
			 Places; is a historic building located within a historic district; is a
			 historic building listed, owned, or under the jurisdiction of a Historic
			 Properties Commission; or is a building that the AEO has exempted from these
			 Rules because of its unique architectural characteristics or usage.