HB 747

1	A bill to be entitled
2	An act relating to thermal efficiency standards;
3	amending s. 403.814, F.S.; requiring that the
4	Department of Environmental Protection and the
5	applicable water management district grant a general
6	permit for the construction, alteration, and
7	maintenance of certain surface water management
8	systems; authorizing the construction of certain
9	surface water management systems to proceed without
10	further action by the department or the water
11	management district; reordering and amending s.
12	553.902, F.S.; providing definitions for the terms
13	"ballasted roof," "hardscape," "heat island effect,"
14	"low-sloped roof," "solar reflectance" or
15	"reflectance," and "steeped-sloped roof"; creating s.
16	553.9045, F.S.; providing standards for a thermal-
17	efficient roof; requiring that roof exterior surfaces
18	and roofing material of a thermal-efficient roof have
19	a minimum solar reflectance; providing testing
20	standards; providing exceptions; creating s. 553.9046,
21	F.S.; defining thermal-efficient hardscapes; providing
22	default reflectance values for certain paving
23	materials; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (12) is added to section 403.814,
28	Florida Statutes, to read:
29	403.814  General permits; delegation.-
30	(12)  The department and the applicable water management
31	district shall grant a general permit for the construction,
32	alteration, and maintenance of a surface water management system
33	serving a total project area of up to 10 acres. The
34	construction, alteration, and maintenance of such a system may
35	proceed without any further agency action by the department or
36	water management district if:
37	(a)  The total project area is less than 15 acres;
38	(b)  The total project area involves less than 2 acres of
39	impervious surface or no more than 5 acres of impervious surface
40	if that surface is a thermal-efficient hardscape as provided in
41	s. 553.9046;
42	(c)  The activities do not impact wetlands or other surface
43	waters;
44	(d)  The activities are not conducted in, on, or over
45	wetlands or other surface waters;
46	(e)  The drainage facilities do not include pipes having
47	diameters greater than 24 inches, or the hydraulic equivalent,
48	and do not use a pump in any manner;
49	(f)  The project is not part of a larger common plan,
50	development, or sale;
51	(g)  The project does not cause:
52	1.  Adverse water quantity impacts or flooding to receiving
53	water and adjacent lands;
54	2.  Adverse impacts to existing surface water storage and
55	conveyance capabilities;
56	3.  A violation of state water quality standards; or
57	4.  Adverse impacts to the maintenance of surface or ground
58	water levels or surface water flows established pursuant to s.
59	373.042 or to a work of the district conducted pursuant to s.
60	373.086; and
61	(h)  The design plans for the surface water management
62	system are signed and sealed by a Florida-registered
63	professional who attests that the system will perform and
64	function as proposed and that it has been designed in accordance
65	with appropriate, generally accepted performance standards and
66	scientific principles.
67	Section 2.  Section 553.902, Florida Statutes, is reordered
68	and amended to read:
69	553.902  Definitions.-As used in this part, the term For
70	the purposes of this part:
71	(3)(1)  "Exempted building" means:
72	(a)  A Any building or portion thereof whose peak design
73	rate of energy usage for all purposes is less than 1 watt (3.4
74	Btu per hour) per square foot of floor area for all purposes.
75	(b)  A Any building that which is neither heated nor cooled
76	by a mechanical system designed to control or modify the indoor
77	temperature and powered by electricity or fossil fuels.
78	(c)  A Any building for which federal mandatory standards
79	preempt state energy codes.
80	(d)  An Any historical building as described in s.
81	267.021(3).
82
83	The Florida Building Commission may recommend to the Legislature
84	additional types of buildings which should be exempted from
85	compliance with the Florida Energy Efficiency Code for Building
86	Construction.
87	(7)(2)  "HVAC" means a system of heating, ventilating, and
88	air-conditioning.
89	(10)(3)  "Renovated building" means a residential or
90	nonresidential building undergoing alteration that varies or
91	changes insulation, HVAC systems, water heating systems, or
92	exterior envelope conditions, if provided the estimated cost of
93	renovation exceeds 30 percent of the assessed value of the
94	structure.
95	(8)(4)  "Local enforcement agency" means the agency of
96	local government which has the authority to make inspections of
97	buildings and to enforce the Florida Building Code. It includes
98	any agency within the definition of s. 553.71(5).
99	(4)(5)  "Exterior envelope physical characteristics" means
100	the physical nature of those elements of a building which
101	enclose conditioned spaces through which energy may be
102	transferred to or from the exterior.
103	(2)(6)  "Energy performance level" means the indicator of
104	the energy-related performance of a building, including, but not
105	limited to, the levels of insulation, the amount and type of
106	glass, and the HVAC and water heating system efficiencies.
107	(1)  "Ballasted roof" means a roof having a minimum of 15
108	pounds per square foot of ballast for the purpose of weighing
109	down a roofing membrane over a substrate to resist wind uplift.
110	For purposes of this subsection, ballast includes, but is not
111	limited to, river rock aggregate and pavers.
112	(5)  "Hardscape" means the impervious, nonliving portions
113	of a property's landscaping, including, but not limited to,
114	roads, sidewalks, courtyards, and parking lots.
115	(6)  "Heat island effect" means an elevated temperature
116	over an urban area compared to rural areas, typically caused by
117	the increased presence of dark, heat-absorbing materials.
118	(9)  "Low-sloped roof" means a roof having a slope of rise
119	of 0 units in a horizontal length, up to and including, a roof
120	having a slope of rise of 2 units in a horizontal length of 12
121	units.
122	(11)  "Solar reflectance" or "reflectance" means the amount
123	of solar energy reflected by a material.
124	(12)  "Steep-sloped roof" means a roof having a slope of
125	rise greater than 2 units in a horizontal length of 12 units.
126	Section 3.  Section 553.9045, Florida Statutes, is created
127	to read:
128	553.9045  Thermal-efficient roofs.-
129	(1)  Standards for a thermal-efficient roof:
130	(a)  A low-sloped roof must have a minimum initial
131	reflectance of 0.72 or a 3-year installed reflectance of 0.5 as
132	determined by the Cool Roof Rating Council or the Energy Star
133	program of the United States Environmental Protection Agency and
134	the United States Department of Energy. If more than 50 percent
135	of the total gross area of the roof is covered with vegetation
136	associated with an extensive or intensive green roof as defined
137	by the United States Environmental Protection Agency for the
138	purpose of reducing the heat island effect, the remainder of the
139	roof must have a minimum reflectance of 0.30.
140	(b)  A ballasted roof must have a minimum initial
141	reflectance of 0.30.
142	(c)  A steep-sloped roof must have a minimum initial
143	reflectance of 0.15.
144	(d)  A roof that has multiple slopes is subject to the
145	standards applicable to the slope that covers the largest area
146	of the building's footprint.
147	(2)  All roof exterior surfaces and roofing materials of a
148	thermal-efficient roof must have a minimum reflectance as
149	certified by one of the following:
150	(a)  The American Society for Testing and Materials ASTM
151	E903 or ASTM E1918 standard.
152	(b)  A test using a portable reflectometer at near-ambient
153	conditions.
154	(c)  The Cool Roof Rating Council.
155	(d)  The Energy Star program of the United States
156	Environmental Protection Agency and the United States Department
157	of Energy.
158	(3)  This section does not apply to:
159	(a)  The portion of a roof acting as a substructure for and
160	covered by a rooftop deck.
161	(b)  The portion of a roof covered with vegetation
162	associated with an extensive or intensive green roof as defined
163	by the United States Environmental Protection Agency for the
164	purpose of reducing the heat island effect.
165	(c)  A rooftop deck covering a maximum of one-third of the
166	rooftop total gross area.
167	(d)  An area of the roof covered by photovoltaic and solar
168	equipment.
169	Section 4.  Section 553.9046, Florida Statutes, is created
170	to read:
171	553.9046  Thermal-efficient hardscapes.-A thermal-efficient
172	hardscape is the portion of impervious, nonliving improvements
173	of a property's landscaping, including, but not limited to,
174	roads, sidewalks, courtyards, and parking lots which has a
175	minimum initial reflectance of 0.30 as certified by the American
176	Society for Testing and Materials ASTM E903 or ASTM E1918
177	standard or a test using a portable reflectometer at near-
178	ambient conditions. When measuring the minimum initial
179	reflectance, one of the following reflectance values for paving
180	materials may be used:
181	(1)  Typical new gray concrete, 0.35.
182	(2)  Typical weathered concrete, 0.20.
183	(3)  Typical new white concrete, 0.70.
184	(4)  Typical weathered white concrete, 0.40.
185	(5)  New asphalt, 0.05.
186	(6)  Weathered asphalt, 0.10.
187	Section 5.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.