Chapter 3318-3 Requirements and Procedures

3318-3-01 Purpose.

(A) This chapter establishes requirements, procedures and guidelines for energy consumption and life cycle cost analysis of new, renovated and leased state facilities; certifying designated building operators of state funded facilities; and local administration of installment payment energy conservation contracts. The primary purpose of this chapter shall be to minimize energy consumption in state owned, funded and leased facilities in a cost effective manner.

(B) This chapter shall apply to each state agency planning to construct, renovate or operate any state funded facility. This chapter does not apply to a facility of a state institution of higher education or a facility operated by a political subdivision.

Effective: 04/02/2012
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011
Prior Effective Dates: 12/30/1980, 2/16/2010

3318-3-02 Definitions as used in this chapter.

(A) "Facility" shall have the same meaning as division (A)(4) of section 123.011 of the Revised Code.

(B) "State funded" shall have the same meaning as division (A)(7) of section 123.011 of the Revised Code.

(C) "State institution of higher education" shall have the same meaning as set forth in section 3345.011 of the Revised Code.

(D) "Political subdivision" shall have the same meaning as set forth in division (A)(6) of section 123.011 of the Revised Code.

(E) "Office of energy services" means the office created in the department of administrative services by division (B) of section 123.011 of the Revised Code.

(F) "Life cycle cost" means the total energy related costs of owning, operating and maintaining the facility over the economic life of the facility.

(G) "Life cycle cost analysis" shall have the same meaning as set forth in division (A)(5) of section 123.011 of the Revised Code.

(H) "Energy consumption analysis" shall have the same meaning as set forth in division (A)(2) of section 123.011 of the Revised Code..

(I) "Energy performance index" shall have the same meaning as division (A)(3) of section 123.011 of the Revised Code.

(J) "Passive alternative" means a design consideration that affects energy consumption but does not use energy in its operation.

(K) "Active alternative" means a design consideration including a system or component that uses energy in its operation.

(L) "CBECS" means the commercial building energy consumption survey national average source energy use and performance comparisons conducted in 2003 and subsequently published by the United States department of energy's energy information agency.

(M) "Clean energy" means an energy source such as waste heat recovery, solar energy, wind energy, biomass fuel energy, or geothermal energy.

(N) "Designated building operator" means a person or persons, certified by an approved training program and designated by a state agency, to be responsible for overseeing the energy-efficient maintenance and operational practices of one or more facilities managed by a state funded entity.

(O) "Building operator certification" means a nationally recognized professional development program, administered with oversight from a committee of advisors representing public and private sector employers of building operators. The building operator certification program is designed to provide training and certification on energy-efficient maintenance, operation, safety, and other best practices, including but not limited to indoor environmental quality and occupational safety and health administration regulations.

(P) "Energy audit tool" means the web-based energy consumption tracking software adopted by the department of administrative services, which is currently energy star portfolio manager developed jointly the U.S. department of energy and the U.S. environmental protection agency.

(Q) "Energy target tool" means the web-based energy consumption design goal setting software adopted by the department of administrative services, which is currently energy star target finder developed jointly the U.S. department of energy and the U.S. environmental protection agency.

(R) "Baseline year" means the fiscal year beginning July 1, 2006 and ending June 30, 2007. For a facility acquired or placed into service after this date, the baseline year shall be the first twelve-month period for which utility bill data is available.

Effective: 04/02/2012
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011
Prior Effective Dates: 12/30/1980, 02/16/2010

3318-3-03 Requirements.

(A) All new construction, renovation, repairs, and replacements of state funded facilities shall employ cost-effective, energy-efficient, green building practices to the maximum extent possible.

(B) Each state agency shall:

(1) Design and construct state funded facilities achieving the following minimum standards:

(a) New construction shall be designed so that the fossil-fuel, greenhouse gas emitting, energy consumption of the facility is reduced, as compared to the regional average for that building type as defined in CBECS, by the percentage specified as follows:

(i) Fifty per cent for designs completed on and after February 16, 2010;

(ii) Sixty-five per cent for designs completed on and after January 1, 2015;

(iii) Eighty per cent for designs completed on and after January 1, 2020;

(iv) Ninety per cent for designs completed on and after January 1, 2025; and

(v) One-hundred per cent for designs completed on and after January 1, 2030.

(b) Renovation projects shall be designed so that the fossil-fuel, greenhouse gas emitting, energy consumption of the facility is reduced, as compared to the regional average for that building type as defined in CBECS, by fifty per cent.

(c) A state agency may apply for a waiver of compliance from the department of administrative services for the following reasons:

(i) The facility is less than five thousand square feet in area;

(ii) The facility does not consume energy for heating, ventilating, or air conditioning; or

(iii) The facility is not designed for human occupancy.

(2) Prior to constructing or renovating any facility five thousand square feet or greater, submit to the office of energy services a life cycle cost analysis that shall determine the reasonably expected costs of facility ownership, operation, maintenance, and disposal including labor and materials for the economic life of the state funded facility. Life cycle costs shall be expressed as an annual cost for each year of the facility's use and capitalization of the initial construction costs.

(3) Prior to leasing any facility twenty thousand square feet or greater within a given boundary, submit to the office of energy services an energy consumption analysis of the facilty's heating, refrigeration, cooling, lighting, hot water, and other major energy-consuming systems, components, and equipment for the term of the proposed lease.

Effective: 04/02/2012
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011
Prior Effective Dates: 12/30/1980, 02/16/2010

3318-3-04 Procedures and guidelines for new and renovated facilities.

(A) During the facility's preliminary schematic design stage, a state agency shall require the designer to:

(1) Develop at least three practical alternative design concepts, considering passive and/or active building components, for the purpose of minimizing future energy consumption.

(2) Estimate the annual energy consumption and associated energy costs of each alternative, analyze their impact on facility life-cycle costs and incorporate into the final facility design alternatives which are cost effective.

(3) Re-evaluate life-cycle cost as additional alternatives to be considered during the continuing design development to assure their cost effective implementation.

(4) Supply all pertinent data summarizing the life-cycle cost analysis to the office of energy services for review and evaluation.

(B) After the completion of the facility's design development stage, an energy consumption analysis shall be performed for the purpose of estimating the expected energy consumption and associated cost of the proposed facility.

A state agency shall supply all pertinent energy consumption data to the office of energy services for review and evaluation. Thisdata shall include but not be limited to:

(1) Expected annual energy usage and initial cost by energy type.

(2) Distribution of expected energy consumption by major building systems.

(3) Energy performance index of the proposed design.

(4) Capitalization of the initial construction costs.

(C) The energy consumption calculations shall be performed in accordance with established engineering practices and currently accepted methodology including computerized simulation techniques approved by the office of energy services.

(D) The following economic methodological assumptions shall be utilized in computing life-cycle costs:

(1) The study period shall consider the economic life of the facility, which may include the number of years during which the proposed facility is not expected to undergo major renovation or major changes in utilization.

(2) Future costs shall not include adjustments for general inflation but shall include any known utility rate adjustments approved by the public utilities commission.

(3) The time value or alternative investment value of money shall be considered by discounting future cost to present value. The discount rate shall be in accordance with generally accepted practices.

Effective: 04/02/2012
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011
Prior Effective Dates: 12/30/1980, 02/16/2010

3318-3-05 Procedures and guidelines for leased facilities.

(A) The procedures for leased facilities shall be in accordance with procedures designated in paragraphs (B) and (C) of rule 123:4-1-04 of the Administrative Code and shall employ cost-effective, energy efficient, green building practices to the maximum extent possible.

(B) Leases negotiated after February 16, 2010 shall include the following requirements:

(1) The lessor shall permit access to and assessment of its facility for the purpose of determining cost effective methods of increasing energy efficiency.

(2) The lessor shall cooperate with the lessee to implement cost effective methods of increasing energy efficiency.

(C) The department of administrative services shall recognize facilities that meet the requirements of this rule and have fossil-fuel greenhouse gas emitting energy consumption less than fifty per cent of the regional average for that building type as defined in CBECS.

Effective: 04/02/2012
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011
Prior Effective Dates: 12/30/1980, 02/16/2010

3318-3-06 Requirements for building operator certification and tracking building energy consumption.

(A) Each state funded entity that manages or operates facilities shall employ certified building operators to manage or operate its facilities as follows:

(1) State funded entities that manage or operate a single or stand-alone facility or campus shall designate at least one certified building operator to manage such facility or campus.

(2) State funded entities that manage or operate multiple facilities or campuses located in regions or districts throughout the state shall designate at least one certified building operator to manage such facilities or campuses in each region or district.

(3) State funded entities that manage or operate multiple facilities or campuses and provide centralized facility related direction or services to multiple centers or campuses shall designate at least one certified building operator to manage such multiple facility or campus locations.

(B) Designated building operators shall satisfactorily complete a building operator certification training program adopted by the department of administrative services.

(C) State funded entities may apply for a waiver of compliance from the director of administrative services for the following reasons:

(1) The state funded entity's facilities have an average annual site energy performance index less than seventy-five thousand British thermal units per square foot; or

(2) The state funded entity's designated building operators have received certification through a similar approved certification program that provides equivalent training on energy-efficient maintenance procedures and operational practices. The following programs are preapproved by the department of administrative services:

(a) International facilities management association designations (i.e., certified facility manager and facility management professional); or

(b) Building owners and managers institute designations (i.e., real property administrator, facilities management administrator, systems maintenance administrator, or systems maintenance technician).

(D) Each state agency shall enter the energy and water consumption of each facility into the energy audit tool within thirty days of receiving utility bills. Each facility entered into the energy audit tool shall be shared with the master account managed by the department of administrative services.

(E) This section shall not apply to state funded entities that occupy leased space and are not responsible for facility maintenance functions.

Effective: 04/02/2012
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 123.011(D)
Rule Amplifies: 123.011
Prior Effective Dates: 12/30/1980, 02/16/2010

3318-3-07 Requirements for local administration of installment payment energy conservation contracts.

(A) The manager of any facility owned by the state may apply to the director of administrative services for local administration of an installment payment energy conservation contract under sections 156.01 to 156.04 of the Revised Code.

(B) The building manager shall provide such information in the manner and form as the director of administrative services may require to determine if the building manager possesses sufficient experience and knowledge to:

(1) Properly perform an audit of the facility to determine appropriate energy conservation measures to include in its request for proposal;

(2) Properly prepare a request for proposal to solicit interest from energy service companies to design, install and guarantee the savings from appropriate energy conservation measures for the facility;

(3) Properly score and determine the most appropriate proposer with which to enter into an installment payment energy conservation contract; and

(4) Properly evaluate annual energy savings reports and proposed adjustments to the energy consumption calculations over the life of the installment payment contract.

(C) The director of administrative services may authorize a building owner to locally administer an installment payment energy conservation contract if the building manager provides clear and convincing evidence that it has the capacity to competently manage the contract through all phases of the process and the estimated cost of which, including design fees, construction, equipment, and contingency amounts, is less than one million, five hundred thousand dollars.

(D) This section shall not apply to an institution of higher education authorized to administer an installment payment energy conservation contract under section 3345.64 of the Revised Code.

Effective: 04/02/2012
R.C. 119.032 review dates: 02/16/2015
Promulgated Under: 119.03
Statutory Authority: 156.05
Rule Amplifies: 156.01 , 156.02 , 156.03 , 156.04
Prior Effective Dates: 12/30/1980, 02/16/2010