| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY HARPER, CALTAGIRONE, COHEN, DeLUCA, FLECK, FREEMAN, GEORGE, HORNAMAN, KORTZ, MILNE, MURPHY, PASHINSKI, PAYTON, ROSS, SANTARSIERO, SCAVELLO, VITALI AND WATSON, JANUARY 24, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 24, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Requiring the design, construction and renovation of State-owned |
2 | or State-leased 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 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 State |
16 | buildings throughout this Commonwealth. |
17 | (3) To increase the demand for environmentally |
|
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 this Commonwealth's 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 the Commonwealth's capacity to design, |
21 | build and operate high-performance buildings and, in doing |
22 | so, to create new jobs and contribute to economic growth. |
23 | Section 3. Definitions. |
24 | The following words and phrases when used in this act shall |
25 | have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Building project." The design, construction or renovation |
28 | of any physical structure and its associated project building |
29 | site. |
30 | "Commonwealth agency." An executive agency, an independent |
|
1 | agency, a State-affiliated entity or State-related institution |
2 | as defined by 62 Pa.C.S. § 103 (relating to definitions). The |
3 | term also includes the General Assembly, its officers and |
4 | agencies and the unified judicial system and its officers and |
5 | agencies. |
6 | "Department." The Department of General Services of the |
7 | Commonwealth. |
8 | "High-performance building." A building designed to achieve |
9 | integrated systems design and construction so as to |
10 | significantly reduce or eliminate the negative impact of the |
11 | built environment. |
12 | "Major facility project." Any of the following: |
13 | (1) A State-owned construction project in which the |
14 | building to be constructed is larger than 20,000 gross square |
15 | feet. |
16 | (2) A new construction project in which the building to |
17 | be constructed is more than 10,000 gross square feet and in |
18 | which building a Commonwealth agency has agreed to lease no |
19 | fewer than 90% of the gross square feet. |
20 | The term does not include a building, regardless of size, that |
21 | does not have conditioned space as defined by Standard 90.1 of |
22 | the American Society of Heating, Refrigerating and Air- |
23 | Conditioning Engineers, referred to as ASHRAE 90.1. |
24 | "Renovation project." A building project involving the |
25 | modification or adaptive reuse of an existing facility. |
26 | Section 4. Standards. |
27 | (a) Minimum criteria.--The high-performance building |
28 | standards applicable to this act shall meet the following |
29 | minimum criteria: |
30 | (1) Be consensus-based, as defined by the Office of |
|
1 | Management and Budget, Circular No. A-119, dated February 10, |
2 | 1998. |
3 | (2) At a minimum, include performance-based categories |
4 | or credits that will foster achievement of the purposes set |
5 | forth under section 2(2), (3), (4), (6), (7), (8), (9) and |
6 | (10). |
7 | (3) Require documentation, verifiable calculations or |
8 | the equivalent procedure to substantiate and support any |
9 | claim made relating to paragraph (2). |
10 | (4) Employ third-party, postconstruction review and |
11 | verification for achievement of certification. |
12 | (5) Have a track record of certified green buildings in |
13 | the United States. |
14 | (b) Level of performance.--The performance required under |
15 | the adopted high-performance building standards shall be at or |
16 | above the level beyond the minimum level required by the |
17 | selected standards. |
18 | (c) Energy Star ratings.-- |
19 | (1) In addition to meeting the performance requirements |
20 | of the adopted high performance building standards, all |
21 | building projects involving buildings owned or leased by a |
22 | Commonwealth agency are required to achieve an Environmental |
23 | Protection Agency Energy Star rating of 85 or above. |
24 | (2) Paragraph (1) shall apply only to construction |
25 | projects which commence after the effective date of this act |
26 | and involve building types in which the Environmental |
27 | Protection Agency provides Energy Star ratings. |
28 | Section 5. Scope. |
29 | Facilities owned by a Commonwealth agency.--All building |
30 | projects shall meet or exceed the prescribed level of |
|
1 | achievement under the high-performance building standard adopted |
2 | under section 6. |
3 | Section 6. Regulations. |
4 | The department, in consultation with the Department of |
5 | Environmental Protection, shall develop and issue regulations |
6 | for complying with this act. The purposes of the regulations |
7 | shall be to: |
8 | (1) Adopt high-performance building standards selected |
9 | by the department, in consultation with the Department of |
10 | Environmental Protection, from among accepted industry |
11 | standards meeting the criteria prescribed in section 4(a). |
12 | (2) Define procedures and methods for verifying |
13 | compliance with the standards, as set forth under sections 4 |
14 | and 5, in the design and construction of State-owned or |
15 | State-leased building projects subject to this act. |
16 | (3) Specify the level of achievement to be met under |
17 | section 5. |
18 | Section 7. Report. |
19 | The department shall prepare and submit annually a report to |
20 | the chairman and the minority chairman of the Environmental |
21 | Resources and Energy Committee of the Senate and the chairman |
22 | and the minority chairman of the Environmental Resources and |
23 | Energy Committee of the House of Representatives. The report |
24 | 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 or anticipated savings in energy consumption. |
|
1 | (4) 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) Any conflicts or barriers identified which hinder |
5 | 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 Commonwealth agency occupying the |
12 | building shall commence monitoring and evaluation in accordance |
13 | with the department-established process one year after the |
14 | completion and occupancy of the building project and continue |
15 | for five years thereafter. |
16 | Section 9. Applicability. |
17 | This act shall apply as follows: |
18 | (1) The provisions of this act shall apply to all |
19 | project design contracts initiated on or after the effective |
20 | date of this section. |
21 | (2) The provisions of this act shall apply to all |
22 | project construction contracts initiated after one year |
23 | following the effective date of this section. |
24 | Section 10. Enforcement. |
25 | The department shall not enforce the provisions of this act |
26 | as they apply to building projects owned or leased by a |
27 | Commonwealth agency until the Secretary of General Services and |
28 | the Secretary of the Budget determine there is adequate funding |
29 | available to cover additional costs resulting from compliance |
30 | with the requirements of this act. |
|
1 | Section 11. Effective date. |
2 | This act shall take effect as follows: |
3 | (1) Section 5 shall take effect in one year. |
4 | (2) This section shall take effect immediately. |
5 | (3) The remainder of this act shall take effect in 60 |
6 | days. |
|