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 

1buildings.

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

4(4) To improve environmental quality in this
5Commonwealth by decreasing the discharge of pollutants from
6buildings and their manufacture.

7(5) To create public awareness of new technologies that
8can improve the health and productivity of building occupants
9by meeting advanced criteria for indoor air quality.

10(6) To improve working conditions and reduce building-
11related health problems.

12(7) To reduce this Commonwealth's dependence upon
13imported sources of energy through buildings that conserve
14energy and utilize local and renewable energy sources.

15(8) To protect and restore this Commonwealth's natural
16resources by avoiding development of inappropriate building
17sites.

18(9) To reduce the burden on municipal water supply and
19treatment by reducing potable water consumption.

20(10) To reduce waste generation and to manage waste
21through recycling and diversion from landfill disposal.

22(11) To improve the Commonwealth's capacity to design,
23build and operate high-performance buildings and, in doing
24so, to create new jobs and contribute to economic growth.

25Section 3. Definitions.

26The following words and phrases when used in this act shall
27have the meanings given to them in this section unless the
28context clearly indicates otherwise:

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

1site.

2"Commonwealth agency." An executive agency, an independent
3agency, a State-affiliated entity or State-related institution
4as defined by 62 Pa.C.S. § 103 (relating to definitions). The
5term also includes the General Assembly, its officers and
6agencies and the unified judicial system and its officers and
7agencies.

8"Department." The Department of General Services of the
9Commonwealth.

10"High-performance building." A building designed to achieve
11integrated systems design and construction so as to
12significantly reduce or eliminate the negative impact of the
13built environment.

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

15(1) A State-owned building project in which the building
16to be constructed is larger than 20,000 gross square feet.

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

21(3) A renovation <-project that is larger than 20,000
22gross square feet and at least 90% of the total square
23footage of the building.

24The term does not include a building, regardless of size or 
25ownership interest, that does not have conditioned space as
26defined by Standard 90.1 of the American Society of Heating,
27Refrigerating and Air-Conditioning Engineers, referred to as
28ASHRAE 90.1.

29"Renovation project." A building project involving the
30modification or adaptive reuse of an existing facility <-that is 

1owned or leased by a Commonwealth agency.

2Section 4. Standards.

3(a) Minimum criteria.--The high-performance building
4standards applicable to this act shall meet the following
5minimum criteria:

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

10(2) Require documentation, verifiable calculations or
11the equivalent procedure to substantiate and support any
12claim made relating to paragraph (1).

13(3) Employ third-party, postconstruction review and
14verification for achievement of certification by an 
15organization that has a track record of certified green
16buildings in the United States and uses a consensus-based 
17rating system.

18(b) Level of performance.--The performance required under
19the adopted high-performance building standards shall be at or
20above the level beyond the minimum level required by the
21selected standards.

22(c) Achieve Energy Star ratings.--

23(1) In addition to meeting the performance requirements 
24of the adopted high performance building standards, all major 
25facility projects are required to be designed to earn Energy 
26Star certification to achieve an Environmental Protection 
27Agency Energy Star rating of 75 or above.

28(2) Paragraph (1) shall apply only to major facility
29projects which commence after the effective date of this act
30and involve building types for which the Environmental

1Protection Agency provides Energy Star ratings.

2Section 5. Scope.

3All major facility projects shall meet or exceed the 
4prescribed level of achievement under the high-performance 
5building standard adopted under section 6.

6Section 6. Regulations.

7The department shall develop and issue regulations for
8complying with this act. The purposes of the regulations shall
9be to:

10(1) Adopt high-performance building standards selected
11by the department from among accepted industry standards
12meeting the criteria prescribed in section 4(a).

13(2) Define procedures and methods for verifying
14compliance with the standards, as set forth under sections 4
15and 5, in the design and construction of major facility
16projects subject to this act.

17(3) Specify the level of achievement to be met under 
18section 5.

19Section 7. Report.

20The department shall prepare and submit annually a report to
21the chairman and the minority chairman of the Environmental
22Resources and Energy Committee of the Senate, the chairman and
23the minority chairman of the Environmental Resources and Energy
24Committee of the House of Representatives, the chairman and 
25minority chairman of the State Government Committee of the 
26Senate and the chairman and minority chairman of the State 
27Government Committee of the House of Representatives. The report
28shall at a minimum include:

29(1) The number and type of buildings designed and
30constructed utilizing each of the rating systems recognized

1under this act.

2(2) The levels of certification of each building
3designed, constructed or renovated.

4(3) A description of all potential environmental
5benefits, including, but not limited to, water resources
6savings and the reduction of waste generation.

7(4) Any conflicts or barriers identified which hinder
8the effective implementation of this act.

9Section 8. Monitoring and evaluation.

10The department shall develop and implement a process to
11monitor and evaluate the energy and environmental benefits
12associated with each major facility project designed,
13constructed or renovated under this act. The Commonwealth agency 
14occupying the building shall commence monitoring and evaluation 
15in accordance with the department-established process one year
16after the completion and occupancy of the major facility project
17and continue for five years thereafter.

18Section 9. Applicability.

19This act shall apply as follows:

20(1) The provisions of this act shall apply to all major 
21facility projects where design commences at least 60 days 
22after the final regulations are promulgated by the department 
23under section 6.

24(2) The provisions of this act shall apply to all
25project construction contracts initiated after one year
26following the effective date of this section.

27Section 10. Enforcement.

28The department shall not implement or enforce the provisions 
29of this act as they apply to major facility projects owned or 
30leased by a Commonwealth agency until the Secretary of General 

1Services and the Secretary of the Budget determine there is 
2adequate funding available to cover additional costs resulting 
3from compliance with the requirements of this act.

4Section 11. Effective date.

5This act shall take effect in 60 days.