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

<-4Requiring the design, construction and renovation of certain
5State-owned or State-leased buildings to comply with
6specified energy and environmental building standards; and
7providing for the powers and duties of the Department of
8General Services.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

<-11Section 1. Short title.

12This act shall be known and may be cited as the High-
13Performance State Government Buildings Standards Act.

14Section 2. Purpose.

15The General Assembly declares the purposes of this act as
16follows:

17(1) To promote effective energy and environmental
18standards for construction, rehabilitation and maintenance of
19buildings in this Commonwealth.

20(2) To optimize the energy performance of buildings

1throughout this Commonwealth.

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 State government dependence upon imported
13sources of energy through buildings that conserve energy and
14utilize 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 State government 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 inhabited physical structure and its associated project

1building site.

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 construction project in which the
16building to be constructed is larger than 10,000 gross square
17feet.

18(2) A State-owned building renovation project where the
19State funding exceeds either 50% of the construction cost or
20$500,000 in State funds.

21(3) A new construction project in which the building to 
22be constructed is more than 10,000 gross square feet and in 
23which building a Commonwealth agency has agreed to lease 90% 
24of the gross square feet.

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

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

1Section 4. Standards.

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

5(1) Be consensus-based, as defined by the Office of
6Management and Budget, Circular No. A-119, dated February 10,
71998.

8(2) At a minimum, include performance-based categories
9or credits that will foster achievement of the purposes set
10forth under section 2(2), (3), (4), (6), (7), (8), (9) and
11(10).

12(3) Require documentation, verifiable calculations or
13the equivalent procedure to substantiate and support any
14claim made relating to paragraph (2).

15(4) Employ third-party, postconstruction review and
16verification for achievement of certification.

17(5) Have been applied to green buildings in the United
18States, buildings which have been certified by an approved
19building agency.

20(b) Level of performance.--The performance required under
21the adopted high-performance building standards shall be at or
22above the level beyond the minimum level required by the
23selected standards.

24(c) Energy Star ratings.--In addition to meeting the
25performance requirements of the adopted high performance
26building standards, all projects are required to achieve an
27Environmental Protection Agency Energy Star rating of 85 or
28above.

29Section 5. Scope.

30(a) Facilities owned by the Commonwealth.

1(1) All major facility projects shall meet or exceed the
2standards as set forth under section 4 and the levels of
3achievement as defined by the department.

4(2) All other building projects shall meet or exceed the
5prescribed level of achievement under the adopted high-
6performance building standard as set forth under section 4.

7(3) The level of achievement to be met under paragraph
8(2) shall be set forth in the regulations adopted by the
9department.

10(b) Major facility projects.--When the department issues
11funding, it shall require the use of standards adopted under
12section 6 during the design and construction phase of the
13project. Each major facility project shall meet or exceed the
14level of achievement as set forth under section 4.

15Section 6. Regulations.

16(a) General rule.--The department, in consultation with the
17Department of Environmental Protection, shall develop and issue
18regulations for complying with this act. The purposes of the
19regulations shall be to:

20(1) Adopt high-performance building standards selected
21by the department, in consultation with the Department of
22Environmental Protection, from among accepted industry
23standards meeting the criteria prescribed in section 4(a).

24(2) Define procedures and methods for verifying
25compliance with the standards, as set forth in sections 4 and
265, in the design and construction of State-funded building
27projects under this act.

28(b) Amendment.--The department, in consultation with the
29Department of Environmental Protection, may amend the
30regulations as necessitated by the emergence of new or modified

1high-performance building standards as defined under section 4.

2Section 7. Report.

3The department shall prepare and submit annually a report to
4the chairman and the minority chairman of the Environmental
5Resources and Energy Committee of the Senate, the chairman and
6the minority chairman of the Community, Economic and
7Recreational Development Committee of the Senate and the
8chairman and the minority chairman of the Environmental
9Resources and Energy Committee of the House of Representatives.
10The report shall at a minimum include:

11(1) The number and type of buildings designed and
12constructed utilizing each of the rating systems recognized
13under this act.

14(2) The levels of certification of each building
15designed, constructed or renovated.

16(3) Actual savings in energy costs.

17(4) A description of all potential environmental
18benefits, including, but not limited to, water resources
19savings and the reduction of waste generation.

20(5) Any conflicts or barriers identified which hinder
21the effective implementation of this act.

22Section 8. Monitoring and evaluation.

23The department, in consultation with the Department of
24Environmental Protection, shall develop and implement a process
25to monitor and evaluate the energy and environmental benefits
26associated with each building project designed, constructed or
27renovated under this act. The monitoring and evaluation of each
28building project shall commence one year after the completion
29and occupancy of the building project and continue for five
30years.

1Section 9. Applicability.

2This act shall apply as follows:

3(1) The provisions of this act shall apply to all
4project design contracts initiated on or after the effective
5date of this section.

6(2) The provisions of this act shall apply to all
7project construction contracts initiated one year after the
8effective date of this section.

9Section 10. Effective date.

10This act shall take effect as follows:

11(1) Section 5 shall take effect in one year.

12(2) The remainder of this act shall take effect in 60
13days.

<-14Section 1. Short title.

15This act shall be known and may be cited as the High-
16Performance State Building Standards Act.

17Section 2. Purpose.

18The General Assembly declares the purposes of this act as
19follows:

20(1) To promote effective energy and environmental
21standards for construction, rehabilitation and maintenance of
22buildings in this Commonwealth.

23(2) To optimize the energy performance of Commonwealth
24buildings.

25(3) To increase the demand for environmentally
26preferable building materials, finishes and furnishings.

27(4) To improve environmental quality in this
28Commonwealth by decreasing the discharge of pollutants from
29buildings and their manufacture.

30(5) To create public awareness of new technologies that

1can improve the health and productivity of building occupants
2by meeting advanced criteria for indoor air quality.

3(6) To improve working conditions and reduce building-
4related health problems.

5(7) To reduce this Commonwealth's dependence upon
6imported sources of energy through buildings that conserve
7energy and utilize local and renewable energy sources.

8(8) To protect and restore this Commonwealth's natural
9resources by avoiding development of inappropriate building
10sites.

11(9) To reduce the burden on municipal water supply and
12treatment by reducing potable water consumption.

13(10) To reduce waste generation and to manage waste
14through recycling and diversion from landfill disposal.

15(11) To improve the Commonwealth's capacity to design,
16build and operate high-performance buildings and, in doing
17so, to create new jobs and contribute to economic growth.

18Section 3. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22"Building project." The design, construction or renovation
23of any physical structure and its associated project building
24site.

25"Commonwealth agency." An executive agency, an independent
26agency, a State-affiliated entity or State-related institution
27as defined by 62 Pa.C.S. § 103 (relating to definitions). The
28term also includes the General Assembly, its officers and
29agencies and the unified judicial system and its officers and
30agencies.

1"Department." The Department of General Services of the
2Commonwealth.

3"High-performance building." A building designed to achieve
4integrated systems design and construction so as to
5significantly reduce or eliminate the negative impact of the
6built environment.

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

8(1) A State-owned building project in which the building
9to be constructed is larger than 20,000 gross square feet.

10(2) A new building project in which the building to be
11constructed is more than 20,000 gross square feet and in
12which building a Commonwealth agency has agreed to lease no 
13fewer than 90% of the gross square feet.

14(3) A renovation project that is larger than 20,000
15gross square feet and at least 90% of the total square
16footage of the building.

17The term does not include a building, regardless of size or
18ownership interest, that does not have conditioned space as
19defined by Standard 90.1 of the American Society of Heating,
20Refrigerating and Air-Conditioning Engineers, referred to as
21ASHRAE 90.1.

22"Renovation project." A building project involving the
23modification or adaptive reuse of an existing facility that is 
24owned or leased by a Commonwealth agency.

25Section 4. Standards.

26(a) Minimum criteria.--The high-performance building
27standards applicable to this act shall meet the following
28minimum criteria:

29(1) At a minimum, include performance-based categories
30or credits that will foster achievement of the purposes set

1forth under section 2(2), (3), (4), (6), (7), (8), (9) and
2(10).

3(2) Require documentation, verifiable calculations or
4the equivalent procedure to substantiate and support any
5claim made relating to paragraph (1).

6(3) Employ third-party, postconstruction review and
7verification for achievement of certification by an
8organization that has a track record of certified green
9buildings in the United States and uses a consensus-based
10rating system.

11(b) Level of performance.--The performance required under
12the adopted high-performance building standards shall be at or
13above the level beyond the minimum level required by the
14selected standards.

15(c) Achieve Energy Star ratings.--

16(1) In addition to meeting the performance requirements
17of the adopted high performance building standards, all major
18facility projects are required to be designed to earn Energy
19Star certification to achieve an Environmental Protection
20Agency Energy Star rating of 75 or above.

21(2) Paragraph (1) shall apply only to major facility
22projects which commence after the effective date of this act
23and involve building types for which the Environmental
24Protection Agency provides Energy Star ratings.

25(d) Cost recovery.--The difference between any additional
26cost incurred in a major facility project and the lowest cost
27alternative shall have an estimated recovery period of not more
28than ten years.

29Section 5. Scope.

30All major facility projects shall meet or exceed the

1prescribed level of achievement under the high-performance
2building standard adopted under section 6.

3Section 6. Regulations.

4The department shall develop and issue regulations for
5complying with this act. The purposes of the regulations shall
6be to:

7(1) Adopt high-performance building standards selected
8by the department from among accepted industry standards
9meeting the criteria prescribed in section 4(a).

10(2) Define procedures and methods for verifying
11compliance with the standards, as set forth under sections 4
12and 5, in the design and construction of major facility
13projects subject to this act.

14(3) Specify the level of achievement to be met under
15section 5.

16Section 7. Report.

17The department shall prepare and submit annually a report to
18the chairman and the minority chairman of the Environmental
19Resources and Energy Committee of the Senate, the chairman and
20the minority chairman of the Environmental Resources and Energy
21Committee of the House of Representatives, the chairman and
22minority chairman of the State Government Committee of the
23Senate and the chairman and minority chairman of the State
24Government Committee of the House of Representatives. The report
25shall at a minimum include:

26(1) The number and type of buildings designed and
27constructed utilizing each of the rating systems recognized
28under this act.

29(2) The levels of certification of each building
30designed, constructed or renovated.

1(3) A description of all potential environmental
2benefits, including, but not limited to, water resources
3savings and the reduction of waste generation.

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

6Section 8. Monitoring and evaluation.

7The department shall develop and implement a process to
8monitor and evaluate the energy and environmental benefits
9associated with each major facility project designed,
10constructed or renovated under this act. The Commonwealth agency
11occupying the building shall commence monitoring and evaluation
12in accordance with the department-established process one year
13after the completion and occupancy of the major facility project
14and continue for five years thereafter.

15Section 9. Applicability.

16This act shall apply as follows:

17(1) The provisions of this act shall apply to all major
18facility projects where design commences at least 60 days
19after the final regulations are promulgated by the department
20under section 6.

21(2) The provisions of this act shall apply to all
22project construction contracts initiated after one year
23following the effective date of this section.

24Section 10. Enforcement.

25The department shall not implement or enforce the provisions
26of this act as they apply to major facility projects owned or
27leased by a Commonwealth agency until the Secretary of General
28Services and the Secretary of the Budget determine there is
29adequate funding available to cover additional costs resulting
30from compliance with the requirements of this act.

1Section 11. Effective date.

2This act shall take effect in 60 days.