1Requiring the design, construction and renovation of certain
2State-owned or State-leased buildings to comply with
3specified energy and environmental building standards; and
4providing for the powers and duties of the Department of
5General Services.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Short title.

9This act shall be known and may be cited as the High-
10Performance State Building Standards Act.

11Section 2.  Purpose.

12The General Assembly declares the purposes of this act as
13follows:

14(1)  To promote effective energy and environmental
15standards for construction, rehabilitation and maintenance of
16buildings in this Commonwealth.

17(2)  To optimize the energy performance of Commonwealth 
18buildings.

1(3)  To increase the demand for environmentally
2preferable building materials, finishes and furnishings.

3(4)  To improve environmental quality in this
4Commonwealth by decreasing the discharge of pollutants from
5buildings and their manufacture.

6(5)  To create public awareness of new technologies that
7can improve the health and productivity of building occupants
8by meeting advanced criteria for indoor air quality.

9(6)  To improve working conditions and reduce building-
10related health problems.

11(7)  To reduce this Commonwealth's dependence upon
12imported sources of energy through buildings that conserve
13energy and utilize local and renewable energy sources.

14(8)  To protect and restore this Commonwealth's natural
15resources by avoiding development of inappropriate building
16sites.

17(9)  To reduce the burden on municipal water supply and
18treatment by reducing potable water consumption.

19(10)  To reduce waste generation and to manage waste
20through recycling and diversion from landfill disposal.

21(11)  To improve the Commonwealth's capacity to design,
22build and operate high-performance buildings and, in doing
23so, to create new jobs and contribute to economic growth.

24Section 3.  Definitions.

25The following words and phrases when used in this act shall
26have the meanings given to them in this section unless the
27context clearly indicates otherwise:

28"Building project."  The design, construction or renovation 
29of any physical structure and its associated project building
30site.

1"Commonwealth agency."  An executive agency, an independent
2agency, a State-affiliated entity or State-related institution
3as defined by 62 Pa.C.S. § 103 (relating to definitions). The
4term also includes the General Assembly, its officers and
5agencies and the unified judicial system and its officers and
6agencies.

7"Department."  The Department of General Services of the
8Commonwealth.

9"High-performance building."  A building designed to achieve
10integrated systems design and construction so as to
11significantly reduce or eliminate the negative impact of the
12built environment.

13"Major facility project."  Any of the following:

14(1)  A State-owned building project in which the building
15to be constructed is larger than 20,000 gross square feet.

16(2)  A new building project in which the building to be 
17constructed is more than 20,000 gross square feet and in 
18which building a Commonwealth agency has agreed to lease no 
19fewer than 90% of the gross square feet.

20(3)  A renovation that is larger than 20,000 gross square
21feet and at least 90% of the total square footage of the
22building.

23The term does not include a building, regardless of size or 
24ownership interest, that does not have conditioned space as
25defined by Standard 90.1 of the American Society of Heating,
26Refrigerating and Air-Conditioning Engineers, referred to as
27ASHRAE 90.1.

28"Renovation project."  A building project involving the
29modification or adaptive reuse of an existing facility.

30Section 4.  Standards.

1(a)  Minimum criteria.--The high-performance building
2standards applicable to this act shall meet the following
3minimum criteria:

4(1)  At a minimum, include performance-based categories
5or credits that will foster achievement of the purposes set
6forth under section 2(2), (3), (4), (6), (7), (8), (9) and
7(10).

8(2)  Require documentation, verifiable calculations or
9the equivalent procedure to substantiate and support any
10claim made relating to paragraph (1).

11(3)  Employ third-party, postconstruction review and
12verification for achievement of certification by an 
13organization that has a track record of certified green
14buildings in the United States and uses a consensus-based 
15rating system.

16(b)  Level of performance.--The performance required under
17the adopted high-performance building standards shall be at or
18above the level beyond the minimum level required by the
19selected standards.

20(c)  Achieve Energy Star ratings.--

21(1)  In addition to meeting the performance requirements 
22of the adopted high performance building standards, all major 
23facility projects are required to be designed to earn Energy 
24Star certification to achieve an Environmental Protection 
25Agency Energy Star rating of 75 or above.

26(2)  Paragraph (1) shall apply only to major facility
27projects which commence after the effective date of this act
28and involve building types for which the Environmental
29Protection Agency provides Energy Star ratings.

30Section 5.  Scope.

1All major facility projects shall meet or exceed the 
2prescribed level of achievement under the high-performance 
3building standard adopted under section 6.

4Section 6. Regulations.

5The department shall develop and issue regulations for
6complying with this act. The purposes of the regulations shall
7be to:

8(1)  Adopt high-performance building standards selected
9by the department from among accepted industry standards
10meeting the criteria prescribed in section 4(a).

11(2)  Define procedures and methods for verifying
12compliance with the standards, as set forth under sections 4
13and 5, in the design and construction of major facility
14projects subject to this act.

15(3)  Specify the level of achievement to be met under 
16section 5.

17Section 7.  Report.

18The department shall prepare and submit annually a report to
19the chairman and the minority chairman of the Environmental
20Resources and Energy Committee of the Senate, the chairman and
21the minority chairman of the Environmental Resources and Energy
22Committee of the House of Representatives, the chairman and 
23minority chairman of the State Government Committee of the 
24Senate and the chairman and minority chairman of the State 
25Government Committee of the House of Representatives. The report
26shall at a minimum include:

27(1)  The number and type of buildings designed and
28constructed utilizing each of the rating systems recognized
29under this act.

30(2)  The levels of certification of each building

1designed, constructed or renovated.

2(3)  A description of all potential environmental
3benefits, including, but not limited to, water resources
4savings and the reduction of waste generation.

5(4)  Any conflicts or barriers identified which hinder
6the effective implementation of this act.

7Section 8.  Monitoring and evaluation.

8The department shall develop and implement a process to
9monitor and evaluate the energy and environmental benefits
10associated with each major facility project designed,
11constructed or renovated under this act. The Commonwealth agency 
12occupying the building shall commence monitoring and evaluation 
13in accordance with the department-established process one year
14after the completion and occupancy of the major facility project
15and continue for five years thereafter.

16Section 9.  Applicability.

17This act shall apply as follows:

18(1)  The provisions of this act shall apply to all major 
19facility projects where design commences at least 60 days 
20after the final regulations are promulgated by the department 
21under section 6.

22(2)  The provisions of this act shall apply to all
23project construction contracts initiated after one year
24following the effective date of this section.

25Section 10.  Enforcement.

26The department shall not implement or enforce the provisions 
27of this act as they apply to major facility projects owned or 
28leased by a Commonwealth agency until the Secretary of General 
29Services and the Secretary of the Budget determine there is 
30adequate funding available to cover additional costs resulting 

1from compliance with the requirements of this act.

2Section 11.  Effective date.

3This act shall take effect in 60 days.