THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. SMITH, BELFANTI, BOYD, BRENNAN, BRIGGS, CALTAGIRONE, DEASY, EACHUS, FABRIZIO, FREEMAN, GEORGE, GIBBONS, GRUCELA, JOSEPHS, KORTZ, MARKOSEK, McGEEHAN, MELIO, MUNDY, M. O'BRIEN, PALLONE, PASHINSKI, PETRI, PYLE, READSHAW, SABATINA, SCAVELLO, SIPTROTH, K. SMITH, STURLA, VULAKOVICH, WALKO, WHITE, YOUNGBLOOD, HOUGHTON, GERBER AND CURRY, FEBRUARY 13, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 8, 2009   

AN ACT

Requiring the design, construction and renovation of buildings

that receive a State appropriation to comply with specified

energy and environmental building standards.

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 High-

Performance, State-Funded Buildings Standards Act.

Section 2.  Purpose.

The General Assembly declares the purposes of this act as

follows:

(1)  To promote effective energy and environmental

standards for construction, rehabilitation and maintenance of

buildings in this Commonwealth.

(2)  To optimize the energy performance of buildings

throughout this Commonwealth.

(3)  To increase the demand for environmentally

preferable building materials, finishes and furnishings.

(4)  To improve environmental quality in this

Commonwealth by decreasing the discharge of pollutants from

buildings and their manufacture.

(5)  To create public awareness of new technologies that

can improve the health and productivity of building occupants

by meeting advanced criteria for indoor air quality.

(6)  To improve working conditions and reduce building-

related health problems.

(7)  To reduce this Commonwealth's dependence upon

imported sources of energy through buildings that conserve

energy and utilize local and renewable energy sources.

(8)  To protect and restore this Commonwealth's natural

resources by avoiding development of inappropriate building

sites.

(9)  To reduce the burden on municipal water supply and

treatment by reducing potable water consumption.

(10)  To reduce waste generation and to manage waste

through recycling and diversion from landfill disposal.

(11)  To improve the Commonwealth's capacity to design,

build and operate high-performance buildings and, in doing

so, to create new jobs and contribute to economic growth.

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:

"Building project."  The design, construction, renovation,

<--

operation and maintenance of any inhabited or renovation of any 

<--

physical structure and its associated project building site.

"Commercial interior fit-out."  Interior design and

<--

installation by owners or tenants of new or existing office

space, typically exclusive of structural components and core and

shell elements.

"Commonwealth agency."  An executive agency, an independent

<--

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

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

term also includes the General Assembly, its officers and

agencies and the unified judicial system and its officers and

agencies.

"Department."  The Department of General Services of the

Commonwealth.

"High-performance building."  A building designed to achieve

integrated systems design and construction so as to

significantly reduce or eliminate the negative impact of the

built environment.

"Major facility project."  Any of the following:

(1)  A State-funded new construction project in which the

building to be constructed is larger than 20,000 gross square

feet.

(2)  A State-funded building renovation project where the

State funding exceeds $1,000,000 of the construction cost.

(3)  A State-funded commercial interior tenant fit-out

<--

project that is larger than 10,000 square feet of leasable

area.

(4)  A new construction project in which the building to

be constructed is more than 10,000 gross square feet and a

State department has agreed to lease 90% of the gross square

feet.

(3)  A new construction project in which the building to

<--

be constructed is more than 10,000 gross square feet and in

which building a Commonwealth agency has agreed to lease 90%

of the gross square feet.

The term does not include a building, regardless of size, that

does not have conditioned space as defined by Standard 90.1 of

the American Society of Heating, Refrigerating and Air-

Conditioning Engineers, referred to as ASHRAE 90.1.

"Renovation project."  A building project involving the

modification or adaptive reuse of an existing facility.

"State department."  A department, board, bureau, commission

<--

or authority under the jurisdiction of the Governor.

"State-funded."  In reference to a building project, the term

refers to a receipt of funds from a State appropriation, in

<--

whole or part, whether by means of direct payment,

reimbursement, grant or loan, other than an appropriation for

the renovation of leased facilities.

Section 4.  Standards.

(a)  Minimum criteria.--The high-performance building

standards applicable to this act shall meet the following

minimum criteria:

(1)  Be consensus-based, as defined by the Office of

Management and Budget, Circular No. A-119, dated February 10,

1998.

(2)  At a minimum, include performance-based categories

or credits that will foster achievement of the purposes set

forth under section 2(2), (3), (4), (6), (7), (8), (9) and

(10).

(3)  Require documentation, verifiable calculations or

the equivalent procedure to substantiate and support any

claim made relating to paragraph (2).

(4)  Employ third-party, postconstruction review and

verification for achievement of certification.

(5)  Have a track record of certified green buildings in

the United States.

(b)  Level of performance.--The performance required under

the adopted high-performance building standards shall be at or

above the level beyond the minimum level required by the

selected standards.

(c)  Energy Star ratings.--

(1)  In addition to meeting the performance requirements

of the adopted high performance building standards, all

building projects involving buildings owned or leased by a

Commonwealth agency, including State-funded major facility

projects, are required to achieve an Environmental Protection

Agency Energy Star rating of 85 or above.

(2)  Paragraph (1) shall apply only to construction

projects which commence after the effective date of this act

and involve building types in which the Environmental

Protection Agency provides Energy Star ratings.

Section 5.  Scope.

(a)  Facilities owned or leased by Commonwealth or State-

<--

affiliated entities.--

(1)  All major facility projects shall meet or exceed the

standards as set forth under section 4, and the levels of

achievement to be defined by the department.

(2)  All other building projects shall meet or exceed the

prescribed level of achievement under the adopted high-

performance building standard as set forth under section 4.

(3)  The level of achievement to be met under paragraph

(2) shall be set forth in the regulations adopted by the

department.

(b)  State-funded major facility projects.--When the

department issues funding, it shall require the use of standards

adopted under section 6 during the design and construction phase

of the project. Each State-funded major facility project shall

meet or exceed the level of achievement as set forth under

section 4.

(a)  Facilities owned by a Commonwealth agency.--All building

<--

projects shall meet or exceed the prescribed level of

achievement under the high-performance building standard adopted

under section 6.

(b)  State-funded major facility projects.--When a

Commonwealth agency approves a project to be State-funded, it

shall require the use of standards adopted under section 6

during the design and construction phase of the project.

Section 6.  Regulations.

(a)  General rule.--The department, in consultation with the

Department of Environmental Protection, shall develop and issue

regulations for complying with this act. The purposes of the

regulations shall be to:

(1)  Adopt high-performance building standards selected

by the department, in consultation with the Department of

Environmental Protection, from among accepted industry

standards meeting the criteria prescribed in section 4(a).

(2)  Define reporting requirements for State-funded

building projects under this act.

(3)  Define procedures and methods for verifying

compliance with the standards, as set forth under sections 4

and 5, in the design and construction of State-funded

building projects under this act.

(4)  Specify the level of achievement to be met under

<--

section 5.

(b)  Amendment.--The department, in consultation with the

Department of Environmental Protection, may amend the

regulations as necessitated by the emergence of new or modified

high-performance building standards as defined under section 4.

Section 7.  Report.

The department shall prepare and submit annually a report to

the chairman and the minority chairman of the Environmental

Resources and Energy Committee of the Senate and the chairman

and the minority chairman of the Environmental Resources and

Energy Committee of the House of Representatives. The report

shall at a minimum include:

(1)  The number and type of buildings designed and

constructed utilizing each of the rating systems recognized

under this act.

(2)  The levels of certification of each building

designed, constructed or renovated.

(3)  Actual savings in energy costs or anticipated

<--

savings in energy consumption.

(4)  A description of all potential environmental

benefits, including, but not limited to, water resources

savings and the reduction of waste generation.

(5)  Any conflicts or barriers identified which hinder

the effective implementation of this act.

Section 8.  Monitoring and evaluation.

The department, in consultation with the Department of

Environmental Protection, shall develop and implement a process

to monitor and evaluate the energy and environmental benefits

associated with each building project designed, constructed or

renovated under this act. The monitoring and evaluation of each

<--

building project shall commence The Commonwealth agency

<--

occupying the building shall commence monitoring and evaluation

in accordance with the department-established process one year

after the completion and occupancy of the building project and

continue for five years thereafter.

Section 9.  Applicability.

This act shall apply as follows:

(1)  The provisions of this act shall apply to all

project design contracts initiated on or after the effective

date of this section.

(2)  The provisions of this act shall apply to all

project construction contracts initiated after one year

following the effective date of this section.

Section 10.  Enforcement.

The department shall not enforce the provisions of this act

as they apply to building projects owned or leased by a

Commonwealth agency until the Secretary of General Services and

the Secretary of the Budget determine there is adequate funding

available to cover additional costs resulting from compliance

with the requirements of this act.

Section 11.  Effective date.

This act shall take effect in 60 days.