THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, ERICKSON, WILLIAMS, FERLO, EARLL, BROWNE, PIPPY, LEACH, ALLOWAY, FARNESE, YAW AND BOSCOLA, APRIL 17, 2009

REFERRED TO STATE GOVERNMENT, APRIL 17, 2009  

AN ACT

Providing for the reduction of energy use in State buildings,

for energy efficiency and the State motor vehicle fleet and

for other energy efficiency and procurement; establishing the

Interagency Task Force on Energy and providing for its powers

and duties; and providing for recognition of efforts to

improve State energy efficiency and for reporting.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Energy

Efficiency in State Government Buildings Act.

Section 2.  Purpose.

The General Assembly declares the purposes of this act as

follows:

(1)  The Commonwealth should lead by example in adopting,

implementing and promoting energy efficiency and in using

renewable, locally produced biofuels and bioenergy.

(2)  The Commonwealth is a large business enterprise and

a substantial consumer of energy, including transportation

fuels, natural gas and electricity. The expense of this

energy represents a substantial operating cost for State

government.

(3)  The increased investment in energy conservation

technologies, alternative transportation fuels and

technologies and clean energy technologies by the

Commonwealth will result in lower operating costs for State

government which will result in savings for all Pennsylvania

taxpayers.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commonwealth agency."  An executive agency, an independent

agency, a State-affiliated entity or a State-related institution

as defined by 62 Pa.C.S. § 103 (relating to definitions). The

term also includes the unified judicial system and its officers

and agencies.

"Department."  The Department of General Services of the

Commonwealth.

"Energy conservation measure."  A program or facility

alteration designed to reduce energy consumption or operating

costs. This term includes, but is not limited to:

(1)  Insulation of building structure or systems within a

building.

(2)  Storm windows or doors, caulking or weather

stripping, multiglazed windows or doors, heat-absorbing or

heat-reflective glazed and coated window or door systems,

additional glazing, reductions in glass area or other window

and door system modifications that reduce energy consumption.

(3)  Automated or computerized energy control systems.

(4)  Heating, ventilating or air conditioning system

modifications or replacements.

(5)  Replacement or modification of lighting fixtures to

increase the energy efficiency of a lighting system without

increasing the overall illumination of a facility, unless an

increase in illumination is necessary to conform to

applicable State or local building codes for the lighting

system after the proposed modifications are made.

(6)  Energy recovery systems.

(7)  Systems that produce steam or forms of energy, such

as heat or electricity, for use within a building or complex

of buildings.

(8)  Energy conservation measures that provide operating

cost reductions based on life-cycle cost analysis.

(9)  A training program or facility alteration that

reduces energy consumption or reduces operating costs,

including allowable costs, based on future reductions in

labor costs or costs for contracted services.

(10)  A facility alteration that includes expenditures

required to properly implement other energy conservation

measures.

(11)  A program to reduce energy costs through rate

adjustments, load shifting to reduce peak demand or use of

alternative energy suppliers, such as, but not limited to:

(i)  Changes to more favorable rate schedules.

(ii)  Negotiation of lower rates, same supplier or

new suppliers, where applicable.

(iii)  Auditing of energy service billing and meters.

(12)  The installation of energy information and control

systems that monitor consumption, redirect systems to optimal

energy sources and manage energy-using equipment.

(13)  Indoor air quality improvements.

(14)  Daylighting systems.

(15)  Renewable or onsite distributed power generation

systems.

"Energy profile."  A document showing the types and rates of

energy consumed and the amount of dollars expended for energy

consumption in a State building.

"Energy Star."  The voluntary partnership among the

Department of Energy, the Environmental Protection Agency,

product manufacturers, local utilities and retailers to help

promote energy-efficient products by labeling with the Energy

Star logo, to educate consumers about the benefits of energy

efficiency and to promote energy efficiency in buildings by

benchmarking and rating energy performance.

"Governmental unit."  A department or agency under the

jurisdiction of the Governor of the Commonwealth.

"Secretary."  The Secretary of General Services of the

Commonwealth.

"State building."  A structure occupied by an executive

agency, an independent agency, a State-affiliated entity or a

State-related institution as defined by 62 Pa.C.S. § 103 

(relating to definitions). The term also includes the unified

judicial system and its officers and agencies.

"Task force."  The Interagency Task Force on Energy

established under section 7.

Section 4.  Reducing energy use in State buildings.

(a)  Department to establish energy efficiency savings

target.--The department shall establish an energy efficiency

savings target for all State buildings managed by the department

or another department or agency within the executive branch. The

target shall be to attain a 20% reduction in energy use in all

State buildings by December 31, 2011, and 30% by 2015 when

compared to energy use and energy purchases for the fiscal year

ending June 30, 2006.

(b)  Establishment of energy efficiency programs.--The

department shall establish programs to enhance the energy

efficiency of existing facilities. These shall include, but may

not be limited to:

(1)  A program for an energy analysis of each State

building identifying opportunities for reduced energy use,

the cost and associated savings for each, including a

completion schedule for the energy analysis program.

(2)  A program to perform regular maintenance on all

lighting, heating, ventilation and air conditioning systems,

including, but not limited to, lubricating, balancing,

aligning, vacuuming, cleaning and checking seals to ensure

optimum efficiency.

(3)  A program to evaluate the feasibility of converting

to more energy-efficient lighting systems, including goals

for making cost-effective lighting efficiency improvements

that reduce electricity costs and maintain illumination

quality.

(4)  Policies and procedures to identify and eliminate

air infiltration and improve thermal insulation in building

exteriors, such as walls, windows, doors, ceilings and

floors.

(5)  Policies and procedures to reduce unnecessary use of

lighting, heating, ventilation and air conditioning systems

and to control thermostats to maximize energy savings while

also providing occupant comfort.

(6)  Policies and procedures to maintain, monitor and

control systems that use water to reduce waste.

(7)  A program to track the energy use within

Commonwealth-owned facilities and to establish energy

profiles of these facilities, which may include, but not be

limited to:

(i)  The source of heating fuel, including the type

of fuel.

(ii)  The size of the building as measured in square

feet.

(iii)  The total expenditures per month for

electricity and heating fuel.

Section 5.  Energy efficiency and the State motor vehicle fleet.

In managing the Commonwealth's fleet of motor vehicles, the

department shall:

(1)  Ensure compliance with the requirements of the

Federal Energy Policy Act of 1992 (Public Law 102-486, 42

U.S.C. § 13201 et seq.) by acquiring alternative fuel

vehicles capable of operating on nonpetroleum fuels or on

blended fuels with lower petroleum content.

(2)  Increase the number of hybrid or other alternative

fueled vehicles within the fleet, if analysis by the

department determines the hybrid or other alternative fueled

vehicles to be cost effective and capable of meeting the

Commonwealth's transportation needs. Based upon this

analysis, the department shall develop a schedule for

increasing the number of hybrid or other alternative fueled

vehicles within the fleet over a ten-year period.

(3)  Increase the use and procurement of alternative fuel

and bio-based lubricants within the fleet. The department

shall conduct an analysis of the vehicle fuel and amount of

lubricants used by all fleet vehicles and develop a schedule

for increasing the amount of alternative fuel and bio-based

lubricants over a ten-year period.

(4)  Develop procedures to utilize diesel fuel with the

highest percentage of biodiesel content available.

Section 6.  Energy efficiency and procurement.

The department shall review and revise Commonwealth

procurement policies and procedures as necessary to ensure:

(1)  The inclusion of energy efficiency considerations

and life-cycle costs when determining whether the purchase of

or contracting for goods or supplies represents the best

value for the Commonwealth, including, but not limited to,

equipment purchased for State facilities such as lighting

equipment, heating systems, ventilation systems, air

conditioning systems and water heating systems.

(2)  New electronic office equipment purchased by State

departments or agencies shall be Energy Star compliant to the

extent Energy Star certified equipment is available and that

all major appliances purchased for State-owned or State-

operated facilities, including residential facilities, shall

be Energy Star compliant to the extent Energy Star certified

equipment is available.

Section 7.  Interagency Task Force on Energy.

(a)  Establishment.--The Interagency Task Force on Energy is

established.

(b)  Purposes and goals.--The purposes and goals of the task

force shall be to:

(1)  Encourage a diverse supply of energy using

traditional and renewable sources and ensuring adequate

delivery systems.

(2)  Promote energy efficiency and conservation within

Commonwealth facilities.

(3)  Coordinate State agency actions.

(4)  Identify opportunities for State agencies to lead by

example.

(c)  Composition of task force.--The task force shall consist

of the following members, each of whom shall be appointed by and

serve at the pleasure of the Governor:

(1)  Secretary of Environmental Protection, who shall

serve as chairman.

(2)  Chairman of the Pennsylvania Public Utility

Commission.

(3)  Director of the Pennsylvania Emergency Management

Agency.

(4)  Executive Director of the Pennsylvania Rural

Development Council.

(5)  Secretary of Aging.

(6)  Secretary of Agriculture.

(7)  Secretary of Community and Economic Development.

(8)  Secretary of Conservation and Natural Resources.

(9)  Secretary of General Services.

(10)  Secretary of Health.

(11)  Secretary of Public Welfare.

(12)  Secretary of Transportation.

(13)  Secretary of Governor's Office of Administration.

(14)  Other individuals whom the Governor may elect to

appoint at any time.

(d)  Responsibilities of task force.--

(1)  The task force shall provide advice and assistance

in the preparation and review of agency energy plans.

(2)  The task force shall seek to develop good working

relationships with interested stakeholders.

(3)  The task force shall assemble the individual

agency's energy plans and submit them, together with an

executive summary including a progress report, to the

Governor on or before September 15 of each year.

(e)  Responsibilities of Commonwealth agencies and other

entities.--

(1)  Each executive agency, and all independent agencies

participating voluntarily in this initiative, shall develop

an annual energy plan that outlines the actions the agency

will take to:

(i)  utilize to the extent practical alternative

energy sources for energy supply;

(ii)  promote conservation, efficiency and demand

management;

(iii)  track and report energy usage and cost; and

(iv)  further support the energy goals of the

Commonwealth as may be set forth by the task force.

(2)  The energy plan shall also include the measures

taken in the previous year that addressed these listed goals.

The plan shall be submitted to the task force for advice and

assistance on or before July 15 of each year. The task force

shall compile the agency reports into a comprehensive report

to be included as part of the annual report required under

section 11.

(f)  Interagency energy team.--Each task force member shall

designate staff to serve on an interagency energy team that will

meet, as needed, to ensure that plan tasks are developed and

implemented. The team shall report to the chairman of the task

force. The Department of Environmental Protection shall

coordinate the activities of the teams.

(g)  Interagency cooperation.--All agencies under the

Governor's jurisdiction shall fully cooperate and provide

assistance, particularly with regard to agency energy plans, to

the task force in performing its functions.

(h)  Compensation.--Members of the task force shall receive

no compensation for their services, except that such members may

be reimbursed for actual travel and related expenses in

accordance with relevant rules and regulations of the Executive

Board.

(i)  Funding.--Each agency shall provide sufficient funds and

staff to develop and implement its energy plan.

(j)  Meetings.--Task force meetings shall be held on a

regular basis and shall be open to the public as required by 65

Pa.C.S. Ch. 7 (relating to open meetings).

Section 8.  Cooperation among executive agencies and independent

agencies.

(a)  Duty to cooperate.--The department may request and shall

receive from any executive agency such cooperation, information

and data needed to properly implement this act. Independent

agencies not under the Governor's jurisdiction may participate

in the provisions of this act.

(b)  Duties of Department of Environmental Protection.--The

Department of Environmental Protection shall:

(1)  Provide advice and assistance to the Department of

General Services and executive agencies in developing the

energy management and conservation requirements of this act.

(2)  On a continuing basis, develop and recommend

additional energy conservation measures or alternative energy

generation technologies that could be implemented by

executive agencies.

(3)  Assist the department in developing long-range

energy management and conservation methods to be applied in

Commonwealth facilities.

(4)  Assist the department in the preparation of the

annual report as listed in section 11.

Section 9.  Recognition of efforts to improve State energy

efficiency.

The department shall establish an annual award program to be

known as the Governor's Award for Excellence in Energy

Efficiency to annually recognize and reward State department or

agency progress in implementing cost-effective energy efficiency

and energy conservation measures and for achieving energy

savings.

Section 10.  Historic buildings.

This act shall not apply to the extent it would require the

implementation of measures to conserve energy, water or other

utility use that would conflict with the historic nature of

buildings under the jurisdiction of the Pennsylvania Historical

and Museum Commission.

Section 11.  Reporting.

The department shall provide an annual report to the chairman

and minority chairman of the Environmental Resources and Energy

Committee of the Senate and the chairman and minority chairman

of the Environmental Resources and Energy Committee of the House

of Representatives that specifies the efforts of all State

departments and agencies in complying with this act.

Section 12.  Effective date.

This act shall take effect in 60 days.