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
18buildings.

1(3) To increase the demand for environmentally
2preferable building materials, finishes and furnishings.

3(4) To improve environmental quality in this
4Commonwealth by decreasing the discharge of pollutants from
5buildings and their manufacture.

6(5) To create public awareness of new technologies that
7can improve the health and productivity of building occupants
8by meeting advanced criteria for indoor air quality.

9(6) To improve working conditions and reduce building-
10related health problems.

11(7) To reduce this Commonwealth's dependence upon
12imported sources of energy through buildings that conserve
13energy and utilize local and renewable energy sources.

14(8) To protect and restore this Commonwealth's natural
15resources by avoiding development of inappropriate building
16sites.

17(9) To reduce the burden on municipal water supply and
18treatment by reducing potable water consumption.

19(10) To reduce waste generation and to manage waste
20through recycling and diversion from landfill disposal.

21(11) To improve the Commonwealth's capacity to design,
22build and operate high-performance buildings and, in doing
23so, to create new jobs and contribute to economic growth.

24Section 3. Definitions.

25The following words and phrases when used in this act shall
26have the meanings given to them in this section unless the
27context clearly indicates otherwise:

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

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

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

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

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

14(1) A State-owned building project in which the building
15to be constructed is larger than 20,000 gross square feet.

16(2) A new building project in which the building to be
17constructed is more than 20,000 gross square feet and in
18which building a Commonwealth agency has agreed to lease no 
19fewer than 90% of the gross square feet.

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

23The term does not include a building, regardless of size or
24ownership interest, that does not have conditioned space as
25defined by Standard 90.1 of the American Society of Heating,
26Refrigerating and Air-Conditioning Engineers, referred to as
27ASHRAE 90.1.

28"Renovation project." A building project involving the
29modification or adaptive reuse of an existing facility that is 
30owned or leased by a Commonwealth agency.

1Section 4. Standards.

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

5(1) 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(2) Require documentation, verifiable calculations or
10the equivalent procedure to substantiate and support any
11claim made relating to paragraph (1).

12(3) Employ third-party, postconstruction review and
13verification for achievement of certification by an
14organization that has a track record of certified green
15buildings in the United States and uses a consensus-based
16rating system.

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) Achieve Energy Star ratings.--

22(1) In addition to meeting the performance requirements
23of the adopted high performance building standards, all major
24facility projects are required to be designed to earn Energy
25Star certification to achieve an Environmental Protection
26Agency Energy Star rating of 75 or above.

27(2) Paragraph (1) shall apply only to major facility
28projects which commence after the effective date of this act
29and involve building types for which the Environmental
30Protection Agency provides Energy Star ratings.

<-1(d) Cost recovery.--The difference between any additional
2cost incurred in a major facility project and the lowest cost
3alternative shall have an estimated recovery period of not more
4than ten years.

5Section 5. Scope.

6All major facility projects shall meet or exceed the
7prescribed level of achievement under the high-performance
8building standard adopted under section 6.

9Section 6. Regulations.

10The department shall develop and issue regulations for
11complying with this act. The purposes of the regulations shall
12be to:

13(1) Adopt high-performance building standards selected
14by the department from among accepted industry standards
15meeting the criteria prescribed in section 4(a).

16(2) Define procedures and methods for verifying
17compliance with the standards, as set forth under sections 4
18and 5, in the design and construction of major facility
19projects subject to this act.

20(3) Specify the level of achievement to be met under
21section 5.

22Section 7. Report.

23The department shall prepare and submit annually a report to
24the chairman and the minority chairman of the Environmental
25Resources and Energy Committee of the Senate, the chairman and
26the minority chairman of the Environmental Resources and Energy
27Committee of the House of Representatives, the chairman and
28minority chairman of the State Government Committee of the
29Senate and the chairman and minority chairman of the State
30Government Committee of the House of Representatives. The report

1shall at a minimum include:

2(1) The number and type of buildings designed and
3constructed utilizing each of the rating systems recognized
4under this act.

5(2) The levels of certification of each building
6designed, constructed or renovated.

7(3) A description of all potential environmental
8benefits, including, but not limited to, water resources
9savings and the reduction of waste generation.

10(4) Any conflicts or barriers identified which hinder
11the effective implementation of this act.

12Section 8. Monitoring and evaluation.

13The department shall develop and implement a process to
14monitor and evaluate the energy and environmental benefits
15associated with each major facility project designed,
16constructed or renovated under this act. The Commonwealth agency
17occupying the building shall commence monitoring and evaluation
18in accordance with the department-established process one year
19after the completion and occupancy of the major facility project
20and continue for five years thereafter.

21Section 9. Applicability.

22This act shall apply as follows:

23(1) The provisions of this act shall apply to all major
24facility projects where design commences at least 60 days
25after the final regulations are promulgated by the department
26under section 6.

27(2) The provisions of this act shall apply to all
28project construction contracts initiated after one year
29following the effective date of this section.

30Section 10. Enforcement.

1The department shall not implement or enforce the provisions
2of this act as they apply to major facility projects owned or
3leased by a Commonwealth agency until the Secretary of General
4Services and the Secretary of the Budget determine there is
5adequate funding available to cover additional costs resulting
6from compliance with the requirements of this act.

7Section 11. Effective date.

8This act shall take effect in 60 days.