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| PRIOR PRINTER'S NO. 1455 | PRINTER'S NO. 2080 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, TARTAGLIONE, ERICKSON, FONTANA, BOSCOLA, WASHINGTON, ARGALL, PIPPY, WAUGH, LEACH, STACK, WILLIAMS, BLAKE, ALLOWAY, HUGHES, FERLO, YUDICHAK, McILHINNEY, KITCHEN, FARNESE, DINNIMAN, SCHWANK, BROWNE AND COSTA, JUNE 29, 2011 |
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| SENATOR MARY JO WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED, APRIL 2, 2012 |
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| AN ACT |
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1 | Requiring the design, and construction and renovation of certain | <-- |
2 | State buildings to comply with specified energy and |
3 | environmental building standards. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the High- |
8 | Performance State Government Buildings Standards Act. |
9 | Section 2. Purpose. |
10 | The General Assembly declares the purposes of this act as | <-- |
11 | follows: |
12 | (1) To promote effective energy and environmental |
13 | standards for construction, rehabilitation and maintenance of |
14 | buildings in this Commonwealth. |
15 | (2) To optimize the energy performance of buildings |
16 | throughout this Commonwealth. |
17 | (3) To increase the demand for environmentally |
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1 | preferable building materials, finishes and furnishings. |
2 | (4) To improve environmental quality in this |
3 | Commonwealth by decreasing the discharge of pollutants from |
4 | buildings and their manufacture. |
5 | (5) To create public awareness of new technologies that |
6 | can improve the health and productivity of building occupants |
7 | by meeting advanced criteria for indoor air quality. |
8 | (6) To improve working conditions and reduce building- |
9 | related health problems. |
10 | (7) To reduce State and local government dependence upon |
11 | imported sources of energy through buildings that conserve |
12 | energy and utilize local and renewable energy sources. |
13 | (8) To protect and restore this Commonwealth's natural |
14 | resources by avoiding development of inappropriate building |
15 | sites. |
16 | (9) To reduce the burden on municipal water supply and |
17 | treatment by reducing potable water consumption. |
18 | (10) To reduce waste generation and to manage waste |
19 | through recycling and diversion from landfill disposal. |
20 | (11) To improve State and local government capacity to |
21 | design, build and operate high-performance buildings and, in |
22 | doing so, to create new jobs and contribute to economic |
23 | growth. The purpose of this act is to promote effective | <-- |
24 | energy and environmental standards for construction of |
25 | buildings in this Commonwealth. |
26 | Section 3. Definitions. |
27 | The following words and phrases when used in this act shall |
28 | have the meanings given to them in this section unless the |
29 | context clearly indicates otherwise: |
30 | "Building project." The design, and construction or | <-- |
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1 | renovation of any inhabited physical structure and its |
2 | associated project building site. |
3 | "Commonwealth agency." An executive agency, an independent |
4 | agency, a State-affiliated entity or State-related institution |
5 | as defined by 62 Pa.C.S. § 103 (relating to definitions). The |
6 | term also includes the General Assembly, its officers and |
7 | agencies and the unified judicial system and its officers and |
8 | agencies. |
9 | "Department." The Department of General Services of the |
10 | Commonwealth. |
11 | "High-performance building." A building designed to achieve |
12 | integrated systems design and construction so as to |
13 | significantly reduce or eliminate the negative impact of the |
14 | built environment. |
15 | "Major facility project." Any of the following: | <-- |
16 | (1) A State-owned construction project in which the |
17 | building to be constructed is larger than 5,000 gross square |
18 | feet. |
19 | (2) A State-owned building renovation project where the |
20 | State funding exceeds either 50% of the construction cost or |
21 | $500,000 in State funds. |
22 | (3) A new construction project in which the building to |
23 | be constructed is more than 10,000 gross square feet and in |
24 | which building a Commonwealth agency has agreed to lease 90% |
25 | of the gross square feet. |
26 | The term does not include a building, regardless of size, that |
27 | A State-owned construction project in which the building to be | <-- |
28 | constructed is larger than 10,000 gross square feet. The term |
29 | does not include a building, regardless of size, that does not |
30 | have conditioned space as defined by Standard 90.1 of the |
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1 | American Society of Heating, Refrigerating and Air-Conditioning |
2 | Engineers, referred to as ASHRAE 90.1. |
3 | "Rapidly-growing school district." A school district where | <-- |
4 | the average daily membership increased 7.5% or more over the |
5 | immediately preceding three-year period. |
6 | "Renovation project." A building project involving the |
7 | modification or adaptive reuse of an existing facility. |
8 | Section 4. Standards. |
9 | (a) Minimum criteria.--The high-performance building | <-- |
10 | standards applicable to this act shall meet the following |
11 | minimum criteria: |
12 | (1) Be consensus-based, as defined by the Office of |
13 | Management and Budget, Circular No. A-119, dated February 10, |
14 | 1998. |
15 | (2) At a minimum, include performance-based categories |
16 | or credits that will foster achievement of the purposes set |
17 | forth under section 2(2), (3), (4), (6), (7), (8), (9) and |
18 | (10). |
19 | (3) Require documentation, verifiable calculations or |
20 | the equivalent procedure to substantiate and support any |
21 | claim made relating to paragraph (2). |
22 | (4) Employ third-party, postconstruction review and |
23 | verification for achievement of certification. |
24 | (5) Have been applied to green buildings in the United |
25 | States, buildings which have been certified by an approved |
26 | building agency. The department shall develop high- | <-- |
27 | performance building standards that are designed to achieve |
28 | the following: |
29 | (1) Optimize the energy performance of Commonwealth |
30 | buildings. |
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1 | (2) Reduce potential discharge of pollutants from |
2 | Commonwealth buildings. |
3 | (3) Reduce building-related health problems. |
4 | (4) Reduce dependence on imported sources of energy. |
5 | (5) Reduce waste generation and water consumption. |
6 | (6) Require documentation of compliance with the |
7 | standards developed by the department under this section. |
8 | (7) Provide postconstruction review and verification of |
9 | compliance with all standards developed by the department |
10 | under this section. |
11 | (b) Level of performance.--The performance required under |
12 | the adopted high-performance building standards shall be at or |
13 | above the level beyond the minimum level required by the |
14 | selected standards. |
15 | (c) Energy Star ratings.--In addition to meeting the |
16 | performance requirements of the adopted high performance |
17 | building standards, all projects subject to the requirements of | <-- |
18 | this act are required to be designed to earn Energy Star | <-- |
19 | certification to achieve an Environmental Protection Agency |
20 | Energy Star rating of 85 75 or above. | <-- |
21 | Section 5. Scope. |
22 | (a) Facilities owned by the Commonwealth or State-affiliated | <-- |
23 | entities.-- |
24 | (1) All major facility projects shall meet or exceed the |
25 | standards as set forth under section 4 and the levels of |
26 | achievement as defined by the department. |
27 | (2) All other building projects shall meet or exceed the |
28 | prescribed level of achievement under the adopted high- |
29 | performance building standard as set forth under section 4. |
30 | (3) The level of achievement to be met under paragraph |
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1 | (2) shall be set forth in the regulations adopted by the |
2 | department. |
3 | (b) Major facility projects.--When the department issues |
4 | funding, it shall require the use of standards adopted under |
5 | section 6 during the design and construction phase of the |
6 | project. Each major facility project shall meet or exceed the |
7 | level of achievement as set forth under section 4. |
8 | (c) Facilities owned or leased by rapidly growing school |
9 | districts.-- |
10 | (1) All major facility projects of a rapidly growing |
11 | school district shall meet or exceed the standards as set |
12 | forth under section 4 and the levels of achievement as |
13 | defined by the department. |
14 | (2) All other buildings of a rapidly growing school |
15 | district shall meet or exceed the prescribed level of |
16 | achievement under the adopted high-performance building |
17 | standard as set forth under section 4. |
18 | (3) The level of achievement to be met under paragraph |
19 | (2) shall be set forth in the regulations adopted by the |
20 | department. |
21 | All major facility projects shall meet or exceed the prescribed | <-- |
22 | level of achievement under regulations on high performance |
23 | building standards promulgated by the department under section |
24 | 4. |
25 | Section 6. Regulations. |
26 | (a) General rule.--The department, in consultation with the | <-- |
27 | Department of Environmental Protection, shall develop and issue |
28 | regulations for complying with this act. The purposes of the |
29 | regulations shall be to: |
30 | (1) Adopt high-performance building standards selected | <-- |
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1 | by the department, in consultation with the Department of |
2 | Environmental Protection, from among accepted industry |
3 | standards meeting the criteria prescribed in section 4(a). |
4 | Implement high-performance building standards consistent with | <-- |
5 | section 4. |
6 | (2) Define procedures and methods for verifying |
7 | compliance with the standards, as set forth in sections 4 and |
8 | 5, in the design and construction of State-funded building | <-- |
9 | State-owned major facility projects under this act. | <-- |
10 | (b) Amendment.--The department, in consultation with the | <-- |
11 | Department of Environmental Protection, may amend the |
12 | regulations as necessitated by the emergence of new or modified |
13 | high-performance building standards as defined under section 4. |
14 | Section 7. Report. |
15 | The department shall prepare and submit annually a report to |
16 | the chairman and the minority chairman of the Environmental |
17 | Resources and Energy Committee of the Senate, the chairman and |
18 | the minority chairman of the Community, Economic and | <-- |
19 | Recreational Development Committee State Government Committee | <-- |
20 | of the Senate and, the chairman and the minority chairman of the | <-- |
21 | Environmental Resources and Energy Committee of the House of |
22 | Representatives and the chairman and the minority chairman of | <-- |
23 | the State Government Committee of the House of Representatives. |
24 | The report shall at a minimum include: |
25 | (1) The number and type of buildings designed and |
26 | constructed utilizing each of the rating systems recognized |
27 | under this act. |
28 | (2) The levels of certification of each building |
29 | designed, constructed or renovated. |
30 | (3) Actual savings in energy costs. | <-- |
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1 | (4) (3) A description of all potential environmental | <-- |
2 | benefits, including, but not limited to, water resources |
3 | savings and the reduction of waste generation. |
4 | (5) (4) Any conflicts or barriers identified which | <-- |
5 | hinder the effective implementation of this act. |
6 | Section 8. Monitoring and evaluation. | <-- |
7 | The department, in consultation with the Department of |
8 | Environmental Protection, shall develop and implement a process |
9 | to monitor and evaluate the energy and environmental benefits |
10 | associated with each building project designed, constructed or |
11 | renovated under this act. The monitoring and evaluation of each |
12 | building project shall commence one year after the completion |
13 | and occupancy of the building project and continue for five |
14 | years. |
15 | Section 8. Enforcement. | <-- |
16 | The department shall not enforce the provisions of this act |
17 | as they apply to building projects owned by a Commonwealth |
18 | agency until the Secretary of General Services and the Secretary |
19 | of the Budget determine there is adequate funding available to |
20 | cover additional costs resulting from compliance with the |
21 | requirements of this act. |
22 | Section 9. Applicability. |
23 | This act shall apply as follows: |
24 | (1) The provisions of this act shall apply to all |
25 | project design contracts initiated on or after the effective | <-- |
26 | date of this section major facility projects with design | <-- |
27 | commencing at least 60 days after the final regulations under |
28 | section 6 are promulgated by the department. |
29 | (2) The provisions of this act shall apply to all |
30 | project construction contracts initiated one year after the |
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1 | effective date of this section. |
2 | Section 10. Effective date. |
3 | This act shall take effect as follows: | <-- |
4 | (1) Section 5 shall take effect in one year. |
5 | (2) The remainder of this act shall take effect in 60 |
6 | days. |
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