Bill Text: FL S1032 | 2012 | Regular Session | Introduced
Bill Title: Thermal Efficiency Standards
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Environmental Preservation and Conservation, companion bill(s) passed, see CS/CS/CS/CS/HB 503 (Ch. [S1032 Detail]
Download: Florida-2012-S1032-Introduced.html
Florida Senate - 2012 SB 1032 By Senator Benacquisto 27-00589A-12 20121032__ 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 termFor the70purposes of this part: 71 (3)(1)“Exempted building” means: 72 (a) AAnybuilding 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) AAnybuilding thatwhichis 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) AAnybuilding for which federal mandatory standards 79 preempt state energy codes. 80 (d) AnAnyhistorical 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, ifprovidedthe 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 local 96 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 of 113 a property’s landscaping, including, but not limited to, roads, 114 sidewalks, courtyards, and parking lots. 115 (6) “Heat island effect” means an elevated temperature over 116 an urban area compared to rural areas, typically caused by the 117 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.