(a) The following minimum standards apply to a major facility:

(1) A major facility of a public agency or an institution of higher education shall be designed, constructed, and certified to at least ten percent (10%) reduction below the baseline energy consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007, as it existed on January 1, 2009;

(2) Subdivision (a)(1) of this section applies to a major facility project that has not entered the schematic design phase before July 31, 2009; and

(3) An exception or a special standard for a specific type of building or building facility that is found in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007, is included in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007, under subdivision (a)(1) of this section.

(b)

(1) A major renovation of a public agency or an institution of higher education shall be certified to at least ten percent (10%) reduction below the baseline energy consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007, as it existed on January 1, 2009.

(2) Subdivision (b)(1) of this section applies to a major renovation that has not entered the schematic design phase before July 31, 2009.

(c) For new construction under either subsection (a) or subsection (b) of this section:

(1) The indoor water system shall be designed and constructed to use at least twenty percent (20%) less potable water than the indoor water use baseline calculated for the building after satisfying the fixture performance requirement, if any, under the Arkansas Plumbing Code; and

(2) Outdoor potable water or harvested groundwater consumption shall use water-use-efficient landscape materials and irrigation strategies, including without limitation water reuse and recycling, to reduce conventional consumption by at least fifty percent (50%) of the water that would have been consumed otherwise.

(d) If the Arkansas Energy Office or the institution of higher education determines the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007 is not practicable for a major facility or major renovation, the Arkansas Energy Office or the institution of higher education shall determine a practicable alternative standard for the design and construction for that major facility or major renovation.

(e) To verify the performance of a building component or system and ensure that design requirements are met upon completion of construction, building or system commissioning practices that are tailored to the size and complexity of the building and its system components shall be employed.

(f) To measure and verify a major facility's performance under this section's standards:

(1) A building-level owner's meter for electricity, natural gas, fuel oil, and water shall be installed in accordance with the guidelines issued by the United States Department of Energy under section 103 of the Energy Policy Act of 2005, Pub. L. No. 109-58; and

(2) (A) The public agency or institution of higher education and the building designers shall:

(i) Compare metered data from the first twelve (12) months of the building's operation with the energy design target; and

(ii) Report the performance results of that comparison to the Arkansas Energy Office or to the governing board of the institution of higher education.

(B) If the report under subdivision (f)(2)(A)(ii) of this section shows that the building's average energy or water consumption over the one-year period after the date of beneficial occupancy is more than the baseline consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007, as it existed on January 1, 2009, the designer, the owner public agency or the owner institution of higher education, the contractor, the contract manager at risk, and the commissioning agent shall:

(i) Investigate;

(ii) Determine the cause for the failure to achieve this section's performance standards; and

(iii) Recommend corrections or modifications to meet this section's performance standards.