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COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
Benigno R. Fitial | Timothy P. Villagomez |
Governor | Lieutenant Governor |
Honorable Arnold I. Palacios Speaker, House of Representatives | MAR 2 7 2009 |
Sixteenth Northern Mariana's
Commonwealth Legislature
Saipan, MP 96950
Honorable Pete P. Reyes
Senate President, The Senate
Sixteenth Northern Mariana's
Commonwealth Legislature
Saipan, MP 96950
Dear Mr. Speaker and Mr. President:
This is to inform you that I have signed into law House Bill No. 16-149, HDlentitled, "To suspend Subsection 8662 (a) of Section 2 of Public Law 15-23, as amended by Public Law 15-87, for a period of one year; and for other purposes." This bill was passed by the House of Representatives and the Senate of the Sixteenth Northern Marianas Commonwealth Legislature.
This bill becomes Public Law 16-35. Copies bearing my signature are forwarded for your reference.
Attorney General, Office of the Attorney General
Secretary, Department of Finance
Commissioner of Education, Public School System
Director, Office of Personnel Management
Secretary, Department of Public Health Mayor, Northern Island Mayor's Office
Mayor, Saipan Mayor's Office
Mayor, Office of the Mayor of Tinian and Aguiguan
Mayor, Office of the Mayor of Rota
Chairwoman, Saipan and Northern Islands Municipal Councils
Chairman, Tinian and Aguiguan Municipal Councils Chairman, Rota Municipal Council
Executive Director, Commonwealth's Law Revision
Special Assistant for Programs and Legislative Review
Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-2211/2311
HOUSE OF REPRESENTATIVES
Sm'EENTH NORTHERN MARIANAS LEGISLATURE
NINTH DAY, SECOND REGULAR SESSION, 2008
Public Law 16—35
House Bill No. 16-149, HDI
AN ACT
To suspend Subsection 8662(a) of Section 2 of Public Law No. 15-23, as amended by Public Law No. 15-87, for a period of one year; and for other purposes.
Offered by Representatives: Stanley T. McGinnis Torres, David M. Apatang, Joseph N. Camacho, Victor B. Hocog, and Arnold I. Palacios
Date: September 10, 2008
Referred to: None
Public Hearing: None
Standing Committee Report: None
Passed First and Final Reading on October 16, 2008
Referred to: Committee on Resources, Economic Development, and Programs
Public Hearing: None
Standing Committee Report: None
Passed First and Final Reading on February 11, 2009
HOUSE OF REPRESENTATIVES
SIXTEENTH NORTkmå MARIANAS COMMONWEALTH LEGISLATURE SECOND RFGULAR SESSION, 2008
Public Law 16—35
H. B. No. 16-149, HDI
AN ACT
To suspend Subsection 8662(a) of Section 2 of Public Law No. 15-23, as amended by Public Law No. 15-87, for a period of one year; and for other purposes.
BE IT ENACTED BY THE SIXTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE:
1 Section 1. Findings and Purpose. The Legislature finds that Public Law 15-23, as
2 amended by Public Law 15-87, established incentives for producing electricity using 3 alternative or renewable energy. The Legislature also finds that it is the policy of the 4 Commonwealth to encourage, employ, and promote energy efficiency. However, the 5 Legislature finds that Subsection 8662(a) requires that for capital projects, that the 6 construction of or additions to buildings meet or exceed the standards required for the 7 certification of the construction as LEED-certified, silver, pursuant to the U.S. Green 8 Building Council's most recent published standards. "LEED" is the acronym for the 9 Leadership in Energy and Environmental Design Green Building Rating System.
10 The Legislature finds that the LEED system is a voluntary, consensus-based, national
11 rating system for developing high-performance, sustainable buildings. LEED addresses all
12 building types and emphasizes state-of-the-art strategies in five areas: sustainable site 13 development, water savings, energy efficiency, materials and resources selection, and indoor 14 environmental quality. The Legislature also finds that the U.S. Green Building Council 15 (USGBC) is a voluntary, non-profit organization which oversees development of and 16 certification by, the LEED standards, including training.
17 Since the enactment of Public Law 15-23, as amended, the government has been 18 required to meet LEED Silver standards for all new buildings; however, the Department of 19 Public Works (DPW) does not have LEED-certified personnel. This has led to increased
Public Law 16-35
HOUSE BILL No. 16-149, HDI
1 construction costs due to delays in structural projects; therefore, the purpose of this Act is to 2 suspend this provision for one year to provide the DPW with time to certify its personnel or 3 to hire certified personnel.
4 This one year time period will permit the DPW to employ one or all of the following 5 strategies for compliance with the achievable mandates of this energy conservation act which 6 includes:
7 (a) Having personnel pass the test for LEED accreditation. The test is 8 $400 and may be taken on-line. On-line seminars are $25. Courses taken on the 9 mainland cost about $200. Study documentation can be downloaded at a cost of $200. 10 (b) Consulting the on-line LEED Credit Interpretation Rulings which 11 would require joining the USGBC for $500. All other fees will then be reduced by 1012 20 percent for members.
13 (c) Hiring a LEED-accredited professional to work with DPW's Technical 14 Services Division (TSD) in designing the project which will cost about $3,000 to 15 $10,000 depending on the scope of work.
16 (d) Applying for LEED certification of the building. This costs about 17 $2,100 for registration and certification, plus TSD staff time. A consultant for records 18 management would cost from $1 ,000 to $5,000.
19 The Legislature finally finds that it is still in strong support of building sustainable 20 structures, but that the DPW needs time to certify its personnel or to find additional funding 21 to hire a LEED-accredited professional. In the short term, the suspension of this provision 22 will allow on-going projects to proceed accordingly.
23 Section 2. Suspension. Subsection 8662(a) of Section 2 of Public Law No. 15-23, as 24 amended by Public Law No. 15-87, is hereby suspended for a period of one year from the 25 date that this Act becomes law or until the Department of Public Works obtains a LEED 26 certified professional, whichever comes first.
27 Section 3. Severability. If any provision of this Act or the application of any such
28 provision to any person or circumstance should be held invalid by a court of competent
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Public Law 16—35
HOUSE BILL No. 16-149, HDI
1 jurisdiction, the remainder of this Act or the application of its provisions to persons or 2 circumstances other than those to which it is held invalid shall not be affected thereby.
3 Section 4. Savings Clause. This Act and any repealer contained herein shall not be 4 construed as affecting any existing right acquired under contract or acquired under statutes 5 repealed or under any rule, regulation, or order adopted under the statutes. Repealers 6 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 7 The enactment of the Act shall not have the effect of terminating, or in any way modifying, 8 any liability, civil or criminal, which shall already be in existence on the date this Act 9 becomes effective.
10 Section 5. Effective Date. This Act shall take effect upon its approval by the
11 Governor or becoming law without such approval.
CERTIFIED BY: ATTESTED TO BY:
ARNOLD I. PALACIOS LYN C. LEMING
SPEAKER OF THE HOUSE HOUS LERK
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
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