H.B. 337

1

EDUCATION RESOURCES CONSERVATION
2 PROGRAM
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jackie Biskupski
6 Senate Sponsor: Brent H. Goodfellow
7
8 LONG TITLE
9 General Description:
10 This bill modifies the State System of Public Education Code by creating a Resource
11 Conservation Program for public education.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . establishes the Resource Conservation Advisory Committee, including its
16 composition and responsibilities;
17 . specifies school district and charter school responsibilities relating to resource
18 conservation, including the requirement to designate a resource conservation
19 manager; and
20 . provides State Board of Education rulemaking authority.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 53A-1-1001, Utah Code Annotated 1953

28 53A-1-1002, Utah Code Annotated 1953
29 53A-1-1003, Utah Code Annotated 1953
30 53A-1-1004, Utah Code Annotated 1953
31 53A-1-1005, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53A-1-1001 is enacted to read:
35 Part 10. Resource Conservation Programs
36 53A-1-1001. Definitions.
37 As used in this part:
38 (1) "Resource conservation" means the reduced consumption of electricity, natural gas,
39 water, or other resources.
40 (2) "Resource conservation management" means a study, audit, operational
41 improvement, or training which is designed to provide resource conservation and operational
42 cost savings.
43 (3) "Resource conservation measure" means an improvement or equipment designed to
44 provide resource conservation and operational cost savings at least equivalent to the amount
45 expended for the improvement or equipment over a period of not more than 20 years from the
46 date the improvement or equipment is installed or becomes operational.
47 (4) "Resource savings performance contract" means an agreement whereby a private or
48 nonprofit organization implements and funds resource conservation measures and management
49 for a school district or charter school, and the school district or charter school pays for the
50 measures and management from long-term resource cost savings.
51 Section 2. Section 53A-1-1002 is enacted to read:
52 53A-1-1002. Resource Conservation Advisory Committee created -- Composition
53 -- Duties -- Terms of office -- Compensation.
54 (1) There is created the Resource Conservation Advisory Committee composed of:
55 (a) five voting members representing each of the following:
56 (i) the State Board of Education;
57 (ii) school districts;
58 (iii) a representative of the executive branch with expertise in energy and resource

59 conservation issues;
60 (iv) the Division of Facilities Construction and Management; and
61 (v) the Division of Purchasing and General Services; and
62 (b) two nonvoting members representing each of the following:
63 (i) energy services companies; and
64 (ii) energy consultants.
65 (2) The Resource Conservation Advisory Committee shall advise and provide expertise
66 to the State Board of Education, school districts, and charter schools regarding:
67 (a) resource conservation management;
68 (b) design standards that minimize buildings' use of resources; and
69 (c) implementation of resource conservation measures.
70 (3) (a) Except as required by Subsection (3)(b), members shall be appointed by the
71 State Board of Education to four-year terms of office.
72 (b) The State Board of Education shall adjust the length of terms of the initial members
73 appointed to the committee to ensure that the terms are staggered so that approximately half of
74 the committee members are appointed every two years.
75 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
76 appointed for the unexpired term.
77 (4) The committee shall elect one member to serve as chair for a term of one year.
78 (5) (a) The committee shall meet at the discretion of the chair.
79 (b) Attendance of a majority of the members at a duly called meeting constitutes a
80 quorum for the transaction of official business.
81 (6) (a) Members who are not state government employees shall receive no
82 compensation or benefits for their service on the committee, but may receive per diem and
83 expenses incurred in the performance of the member's official duties at the rates established by
84 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
85 (b) Members may decline to receive per diem and expenses for their service.
86 Section 3. Section 53A-1-1003 is enacted to read:
87 53A-1-1003. School districts and charter schools to implement resource
88 conservation measures and management.
89 (1) School districts and charter schools shall:

90 (a) implement resource conservation measures and management; and
91 (b) seek technical assistance from the Resource Conservation Advisory Committee
92 created in Section 53A-1-1002 .
93 (2) School districts and charter schools may enter into resource savings performance
94 contracts.
95 (3) Small school districts and charters schools may cooperate or enter into joint
96 agreements to provide resource conservation and operational cost savings.
97 (4) School districts shall include students in developing and implementing resource
98 conservation measures.
99 Section 4. Section 53A-1-1004 is enacted to read:
100 53A-1-1004. Resource conservation manager -- Duties.
101 (1) Each school district and charter school shall designate a resource conservation
102 manager.
103 (2) A resource conservation manager shall:
104 (a) track the resource costs and resource conservation measures, if any, of the school
105 district or charter school;
106 (b) make resource conservation reports as requested by the State Board of Education;
107 (c) be involved in the management of the school district's or charter school's resources
108 and advise the school district or charter school about the management of its resources; and
109 (d) be involved in the development of plans for the construction or remodeling of the
110 school district's or charter school's facilities.
111 Section 5. Section 53A-1-1005 is enacted to read:
112 53A-1-1005. State Board of Education -- Rulemaking authority.
113 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
114 State Board of Education may make rules which provide standards and guidelines for resource
115 conservation and resource conservation measures within the public education system.
116 (2) The rules under Subsection (1) may incorporate State Building Board or federal
117 standards.

Legislative Review Note
as of 1-19-06 2:30 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel