| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY RAFFERTY, MUSTO, KITCHEN, BROWNE, WAUGH, ALLOWAY, PILEGGI, ERICKSON, PIPPY, FARNESE, WONDERLING AND BOSCOLA, APRIL 3, 2009 |
| |
| |
| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 3, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Requiring the design, construction and renovation of certain |
2 | State and local government buildings to comply with specified |
3 | energy and 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 and Local Government 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 buildings |
16 | throughout this Commonwealth. |
17 | (3) To increase the demand for environmentally |
18 | preferable building materials, finishes and furnishings. |
|
1 | (4) To improve environmental quality in this |
2 | Commonwealth by decreasing the discharge of pollutants from |
3 | buildings and their manufacture. |
4 | (5) To create public awareness of new technologies that |
5 | can improve the health and productivity of building occupants |
6 | by meeting advanced criteria for indoor air quality. |
7 | (6) To improve working conditions and reduce building- |
8 | related health problems. |
9 | (7) To reduce State and local government dependence upon |
10 | imported sources of energy through buildings that conserve |
11 | energy and utilize local and renewable energy sources. |
12 | (8) To protect and restore this Commonwealth's natural |
13 | resources by avoiding development of inappropriate building |
14 | sites. |
15 | (9) To reduce the burden on municipal water supply and |
16 | treatment by reducing potable water consumption. |
17 | (10) To reduce waste generation and to manage waste |
18 | through recycling and diversion from landfill disposal. |
19 | (11) To improve State and local government capacity to |
20 | design, build and operate high-performance buildings and, in |
21 | doing so, to create new jobs and contribute to economic |
22 | 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, renovation, |
28 | operation and maintenance of any inhabited physical structure |
29 | and its associated project building site. |
30 | "Commercial interior fit-out." Interior design and |
|
1 | installation by owners or tenants of new or existing office |
2 | space, typically exclusive of structural components and core and |
3 | shell elements. |
4 | "Department." The Department of General Services of the |
5 | Commonwealth. |
6 | "High-performance building." A building designed to achieve |
7 | integrated systems design and construction so as to |
8 | significantly reduce or eliminate the negative impact of the |
9 | built environment. |
10 | "Major facility project." Any of the following: |
11 | (1) A State-funded new construction project in which the |
12 | building to be constructed is larger than 5,000 gross square |
13 | feet. |
14 | (2) A State-funded building renovation project where the |
15 | State funding exceeds either 50% of the construction cost or |
16 | $500,000 in State funds. |
17 | (3) A State-funded commercial interior tenant fit-out |
18 | project that is larger than 5,000 square feet of leasable |
19 | area. |
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 | "State department." A department, board, bureau, commission |
27 | or authority under the jurisdiction of the Governor of the |
28 | Commonwealth. |
29 | "State-funded." In reference to a building project, the term |
30 | refers to receipt of funds from a State appropriation. |
|
1 | Section 4. Standards. |
2 | (a) Minimum criteria.--The high-performance building |
3 | standards applicable to this act shall meet the following |
4 | minimum criteria: |
5 | (1) Be consensus-based, as defined by the Office of |
6 | Management and Budget, Circular No. A-119, dated February 10, |
7 | 1998. |
8 | (2) At a minimum, include performance-based categories |
9 | or credits that will foster achievement of the purposes set |
10 | forth under section 2(2), (3), (4), (6), (7), (8), (9) and |
11 | (10). |
12 | (3) Require documentation, verifiable calculations or |
13 | the equivalent procedure to substantiate and support any |
14 | claim made relating to paragraph (2). |
15 | (4) Employ third-party, postconstruction review and |
16 | verification for achievement of certification. |
17 | (5) Have been applied to green buildings in the United |
18 | States, buildings which have been certified by an approved |
19 | building agency. |
20 | (b) Level of performance.--The performance required under |
21 | the adopted high-performance building standards shall be at or |
22 | above the level beyond the minimum level required by the |
23 | selected standards. |
24 | (c) Energy Star ratings.--In addition to meeting the |
25 | performance requirements of the adopted high performance |
26 | building standards, all State-funded major facility projects are |
27 | required to achieve an Environmental Protection Agency Energy |
28 | Star rating of 85 or above. |
29 | Section 5. Scope. |
30 | (a) Facilities owned or leased by the Commonwealth or State- |
|
1 | affiliated entities.-- |
2 | (1) All major facility projects shall meet or exceed the |
3 | standards as set forth under section 4 and the levels of |
4 | achievement as defined by the department. |
5 | (2) All other building projects shall meet or exceed the |
6 | prescribed level of achievement under the adopted high- |
7 | performance building standard as set forth under section 4. |
8 | (3) The level of achievement to be met under paragraph |
9 | (2) shall be set forth in the regulations adopted by the |
10 | department. |
11 | (b) State-funded major facility projects.--When the |
12 | department issues funding, it shall require the use of standards |
13 | adopted under section 6 during the design and construction phase |
14 | of the project. Each State-funded major facility project shall |
15 | meet or exceed the level of achievement as set forth under |
16 | section 4. |
17 | (c) Facilities owned or leased by municipalities and school |
18 | districts.-- |
19 | (1) All major facility projects of a municipality or |
20 | school district shall meet or exceed the standards as set |
21 | forth under section 4 and the levels of achievement as |
22 | defined by the department. |
23 | (2) All other buildings of a municipality or school |
24 | district shall meet or exceed the prescribed level of |
25 | achievement under the adopted high-performance building |
26 | standard as set forth under section 4. |
27 | (3) The level of achievement to be met under paragraph |
28 | (2) shall be set forth in the regulations adopted by the |
29 | department. |
30 | Section 6. Regulations. |
|
1 | (a) General rule.--The department, in consultation with the |
2 | Department of Environmental Protection, shall develop and issue |
3 | regulations for complying with this act. The purposes of the |
4 | regulations shall be to: |
5 | (1) Adopt high-performance building standards selected |
6 | by the department, in consultation with the Department of |
7 | Environmental Protection, from among accepted industry |
8 | standards meeting the criteria prescribed in section 4(a). |
9 | (2) Define reporting requirements for State-funded |
10 | building projects under this act. |
11 | (3) Define procedures and methods for verifying |
12 | compliance with the standards, as set forth in sections 4 and |
13 | 5, in the design and construction of State-funded building |
14 | projects under this act. |
15 | (b) Amendment.--The department, in consultation with the |
16 | Department of Environmental Protection, may amend the |
17 | regulations as necessitated by the emergence of new or modified |
18 | high-performance building standards as defined under section 4. |
19 | Section 7. Report. |
20 | The department shall prepare and submit annually a report to |
21 | the chairman and the minority chairman of the Environmental |
22 | Resources and Energy Committee of the Senate, the chairman and |
23 | the minority chairman of the Community, Economic and |
24 | Recreational Development Committee of the Senate, the chairman |
25 | and the minority chairman of the Environmental Resources and |
26 | Energy Committee of the House of Representatives and the |
27 | chairman and the minority chairman of the Intergovernmental |
28 | Affairs Committee of the House of Representatives. The report |
29 | shall at a minimum include: |
30 | (1) The number and type of buildings designed and |
|
1 | constructed utilizing each of the rating systems recognized |
2 | under this act. |
3 | (2) The levels of certification of each building |
4 | designed, constructed or renovated. |
5 | (3) Actual savings in energy costs. |
6 | (4) A description of all potential environmental |
7 | benefits, including, but not limited to, water resources |
8 | savings and the reduction of waste generation. |
9 | (5) Any conflicts or barriers identified which hinder |
10 | the effective implementation of this act. |
11 | Section 8. Monitoring and evaluation. |
12 | The department, in consultation with the Department of |
13 | Environmental Protection, shall develop and implement a process |
14 | to monitor and evaluate the energy and environmental benefits |
15 | associated with each building project designed, constructed or |
16 | renovated under this act. The monitoring and evaluation of each |
17 | building project shall commence one year after the completion |
18 | and occupancy of the building project and continue for five |
19 | years thereafter. |
20 | Section 9. Applicability. |
21 | This act shall apply as follows: |
22 | (1) The provisions of this act shall apply to all |
23 | project design contracts initiated on or after the effective |
24 | date of this section. |
25 | (2) The provisions of this act shall apply to all |
26 | project construction contracts initiated one year after the |
27 | effective date of this section. |
28 | Section 10. Effective date. |
29 | This act shall take effect as follows: |
30 | (1) Section 5 shall take effect in one year. |
|
1 | (2) The remainder of this act shall take effect in 60 |
2 | days. |
|