Section 29. (a) The commissioner shall require a state agency that initiates the construction of a new facility owned or operated by the commonwealth or a renovation of an existing facility owned or operated by the commonwealth when the renovation costs exceed $25,000 and includes the replacement of systems, components or other building elements which affect energy or water consumption to design and construct or renovate the facility in a manner that minimizes the life-cycle cost of the facility by utilizing energy efficiency, water conservation or renewable energy technologies under the following criteria:
(1) the state agency shall utilize alternate technologies when the life-cycle cost analysis conducted under subsection (b) shows that such systems are economically feasible;
(2) the division of capital asset management and maintenance or the state agency shall, in the design, construction, equipping and operation of such facilities, coordinate these efforts with the department of energy resources in order to maximize reliance on, and the benefits of, renewable energy research and investment activities; and
(3) all higher education construction projects shall, at a minimum incorporate the MA–CHPS Green Schools Guidelines standards or an equivalent standard.
(b) The division of capital asset management and maintenance or the state agency initiating the construction or renovation of a facility as described in subsection (a) shall conduct a life-cycle cost analysis of any such facility's proposed design that evaluates the short-term and long-term costs and the technical feasibility of using alternate technologies to provide lighting, heat, water heating, air conditioning, refrigeration, gas or electricity. In calculating life-cycle costs, a state agency shall include the value of avoiding carbon emissions, creating renewable energy certificates and other environmental and associated benefits created from the utilization of alternate technologies, as applicable. This value shall be equal to the bid price of the published market value of any such benefit and shall increase or decrease at a projected rate determined by the department of energy resources. To calculate life-cycle costs, a state agency shall use a discount rate equal to the rate that the commonwealth's tax-exempt long-term bonds are yielding at the time of said calculation and shall assume that the cost of fossil fuels and electricity will increase at the rate of 3 per cent per year above the estimated rate of inflation or at a rate determined by the department of energy resources.
(c) Notwithstanding sections 11C and 11I of chapter 25A or any regulations issued thereunder, the division of capital asset management and maintenance may procure energy management services jointly with a state agency or a building authority that is procuring energy or related services. Said sections 11C and 11I shall apply to the extent feasible as determined by the commissioner of energy resources.
(d) For purposes of this section, the term ''economically feasible'' shall mean that the cost of installing and operating an alternate technology is lower than the cost of installing and operating the energy, energy-using technology or water-using technology that would otherwise be installed, as determined by a life-cycle cost analysis.
(e) The division of capital asset management and maintenance or the state agency initiating the construction or renovation of a facility subject to the requirements of subsection (a) shall file with the department of energy resources a report detailing the agency's compliance with this section with respect to each such facility.
(f) The department of energy resources shall issue an annual report to the general court detailing the compliance record of all state agencies with the construction and renovation provisions of this section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 7c - Capital Asset Management and Maintenance
Section 1 - Definitions Applicable to This Chapter and Chapter 29
Section 3 - Coordination of Capital Facility Project Plans and Programs
Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities
Section 10 - Advisory Council on Capital Asset Management and Maintenance
Section 11 - Office of Programming; Director of Programming
Section 12 - Duties and Responsibilities of Director of Programming
Section 13 - Office of Project Management; Director of Project Management
Section 14 - Duties and Responsibilities of Director of Project Management
Section 17 - Change Orders or Other Contract Modifications
Section 18 - Request for Change Order; Approval or Disapproval; Appeal
Section 21 - General Principles Applicable to Equitable Adjustments
Section 22 - Resident Engineers
Section 23 - Acceptance of Federal Funds or Assistance
Section 25 - Control of Supervision of Projects by the Director of Facilities Management
Section 28 - Duties and Responsibilities of Director of Facilities Management
Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems
Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise
Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease
Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property
Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space
Section 45 - Designer Selection Board
Section 46 - Jurisdiction of Designer Selection Board; Exemptions From Jurisdiction
Section 47 - Public Notice Requirements for Contracts for Design Services
Section 52 - Appointment of Designer or Interior Designer for Continued or Extended Services
Section 53 - Expedited Selection Procedures Upon Declaration of Emergency Situation
Section 54 - Adoption of Written Selection Procedure Prior to Award of Contract for Design Services
Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58
Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services
Section 62 - Contingency Funds or Accounts
Section 63 - Capital Facility Planning Fund
Section 64 - Long-Range Capital Facilities Development Plans
Section 65 - Required Content of Long-Range Capital Facilities Development Plans
Section 69 - Design and Construction Contingency Reserve Account
Section 70 - Emergency Repair Reserve Account
Section 72 - Annual Reporting by Commissioner to Governor and General Court