1Requiring the design, construction and renovation of certain
2State buildings to comply with specified energy and
3environmental building standards.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the High-
8Performance State Government Buildings Standards Act.

9Section 2. Purpose.

10The General Assembly declares the purposes of this act as
11follows:

12(1) To promote effective energy and environmental
13standards for construction, rehabilitation and maintenance of
14buildings in this Commonwealth.

15(2) To optimize the energy performance of buildings
16throughout this Commonwealth.

17(3) To increase the demand for environmentally
18preferable building materials, finishes and furnishings.

1(4) To improve environmental quality in this
2Commonwealth by decreasing the discharge of pollutants from
3buildings and their manufacture.

4(5) To create public awareness of new technologies that
5can improve the health and productivity of building occupants
6by meeting advanced criteria for indoor air quality.

7(6) To improve working conditions and reduce building-
8related health problems.

9(7) To reduce State government dependence upon imported
10sources of energy through buildings that conserve energy and
11utilize local and renewable energy sources.

12(8) To protect and restore this Commonwealth's natural
13resources by avoiding development of inappropriate building
14sites.

15(9) To reduce the burden on municipal water supply and
16treatment by reducing potable water consumption.

17(10) To reduce waste generation and to manage waste
18through recycling and diversion from landfill disposal.

19(11) To improve State government capacity to design,
20build and operate high-performance buildings and, in doing
21so, to create new jobs and contribute to economic growth.

22Section 3. Definitions.

23The following words and phrases when used in this act shall
24have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Building project." The design, construction or renovation
27of any inhabited physical structure and its associated project
28building site.

29"Commonwealth agency." An executive agency, an independent
30agency, a State-affiliated entity or State-related institution

1as defined by 62 Pa.C.S. § 103 (relating to definitions). The
2term also includes the General Assembly, its officers and
3agencies and the unified judicial system and its officers and
4agencies.

5"Department." The Department of General Services of the
6Commonwealth.

7"High-performance building." A building designed to achieve
8integrated systems design and construction so as to
9significantly reduce or eliminate the negative impact of the
10built environment.

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

12(1) A State-owned construction project in which the
13building to be constructed is larger than 10,000 gross square
14feet.

15(2) A State-owned building renovation project where the
16State funding exceeds either 50% of the construction cost or
17$500,000 in State funds.

18(3) A new construction project in which the building to 
19be constructed is more than 10,000 gross square feet and in 
20which building a Commonwealth agency has agreed to lease 90% 
21of the gross square feet.

22The term does not include a building, regardless of size, that
23does not have conditioned space as defined by Standard 90.1 of
24the American Society of Heating, Refrigerating and Air-
25Conditioning Engineers, referred to as ASHRAE 90.1.

26"Renovation project." A building project involving the
27modification or adaptive reuse of an existing facility.

28Section 4. Standards.

29(a) Minimum criteria.--The high-performance building
30standards applicable to this act shall meet the following

1minimum criteria:

2(1) Be consensus-based, as defined by the Office of
3Management and Budget, Circular No. A-119, dated February 10,
41998.

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

9(3) Require documentation, verifiable calculations or
10the equivalent procedure to substantiate and support any
11claim made relating to paragraph (2).

12(4) Employ third-party, postconstruction review and
13verification for achievement of certification.

14(5) Have been applied to green buildings in the United
15States, buildings which have been certified by an approved
16building agency.

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

21(c) Energy Star ratings.--In addition to meeting the
22performance requirements of the adopted high performance
23building standards, all projects are required to achieve an
24Environmental Protection Agency Energy Star rating of 85 or
25above.

26Section 5. Scope.

27(a) Facilities owned by the Commonwealth.

28(1) All major facility projects shall meet or exceed the
29standards as set forth under section 4 and the levels of
30achievement as defined by the department.

1(2) All other building projects shall meet or exceed the
2prescribed level of achievement under the adopted high-
3performance building standard as set forth under section 4.

4(3) The level of achievement to be met under paragraph
5(2) shall be set forth in the regulations adopted by the
6department.

7(b) Major facility projects.--When the department issues
8funding, it shall require the use of standards adopted under
9section 6 during the design and construction phase of the
10project. Each major facility project shall meet or exceed the
11level of achievement as set forth under section 4.

12Section 6. Regulations.

13(a) General rule.--The department, in consultation with the
14Department of Environmental Protection, shall develop and issue
15regulations for complying with this act. The purposes of the
16regulations shall be to:

17(1) Adopt high-performance building standards selected
18by the department, in consultation with the Department of
19Environmental Protection, from among accepted industry
20standards meeting the criteria prescribed in section 4(a).

21(2) Define procedures and methods for verifying
22compliance with the standards, as set forth in sections 4 and
235, in the design and construction of State-funded building
24projects under this act.

25(b) Amendment.--The department, in consultation with the
26Department of Environmental Protection, may amend the
27regulations as necessitated by the emergence of new or modified
28high-performance building standards as defined under section 4.

29Section 7. Report.

30The department shall prepare and submit annually a report to

1the chairman and the minority chairman of the Environmental
2Resources and Energy Committee of the Senate, the chairman and
3the minority chairman of the Community, Economic and
4Recreational Development Committee of the Senate and the
5chairman and the minority chairman of the Environmental
6Resources and Energy Committee of the House of Representatives.
7The report shall at a minimum include:

8(1) The number and type of buildings designed and
9constructed utilizing each of the rating systems recognized
10under this act.

11(2) The levels of certification of each building
12designed, constructed or renovated.

13(3) Actual savings in energy costs.

14(4) A description of all potential environmental
15benefits, including, but not limited to, water resources
16savings and the reduction of waste generation.

17(5) Any conflicts or barriers identified which hinder
18the effective implementation of this act.

19Section 8. Monitoring and evaluation.

20The department, in consultation with the Department of
21Environmental Protection, shall develop and implement a process
22to monitor and evaluate the energy and environmental benefits
23associated with each building project designed, constructed or
24renovated under this act. The monitoring and evaluation of each
25building project shall commence one year after the completion
26and occupancy of the building project and continue for five
27years.

28Section 9. Applicability.

29This act shall apply as follows:

30(1) The provisions of this act shall apply to all

1project design contracts initiated on or after the effective
2date of this section.

3(2) The provisions of this act shall apply to all
4project construction contracts initiated one year after the
5effective date of this section.

6Section 10. Effective date.

7This act shall take effect as follows:

8(1) Section 5 shall take effect in one year.

9(2) The remainder of this act shall take effect in 60 days.