PRINTER'S NO. 268
No. 238 Session of 2007
INTRODUCED BY R. MILLER, ADOLPH, BOYD, CALTAGIRONE, CAPPELLI,
CIVERA, CLYMER, CREIGHTON, DePASQUALE, FABRIZIO, FAIRCHILD,
FRANKEL, FREEMAN, GEORGE, GINGRICH, GRELL, GRUCELA,
HENNESSEY, HERSHEY, HORNAMAN, JOSEPHS, MELIO, MOYER, NAILOR,
O'NEILL, PETRONE, RAPP, REICHLEY, ROSS, RUBLEY, SCAVELLO,
SCHRODER, SIPTROTH, STEIL, STERN, VEREB, WALKO AND WATSON,
FEBRUARY 5, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 5, 2007
AN ACT
1 Providing for the reduction of energy use in State buildings;
2 for energy efficiency and the State motor vehicle fleet, for
3 other energy efficiency and procurement; establishing the
4 Interagency Task Force on Energy and providing for its powers
5 and duties; and providing for recognition of efforts to
6 improve State energy efficiency and for reporting.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Energy
11 Efficiency in State Government Buildings Act.
12 Section 2. Purpose.
13 The General Assembly declares the purposes of this act as
14 follows:
15 (1) The Commonwealth should lead by example in adopting,
16 implementing and promoting energy efficiency and in using
17 renewable, locally produced biofuels and bioenergy.
1 (2) The Commonwealth is a large business enterprise and
2 a substantial consumer of energy, including transportation
3 fuels, natural gas and electricity. The expense of this
4 energy represents a substantial operating cost for State
5 government.
6 (3) The increased investment in energy conservation
7 technologies, alternative transportation fuels and
8 technologies and clean energy technologies by the
9 Commonwealth will result in lower operating costs for State
10 government which will result in savings for all Pennsylvania
11 taxpayers.
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Department." The Department of General Services of the
17 Commonwealth.
18 "Energy conservation measure." A program or facility
19 alteration designed to reduce energy consumption or operating
20 costs. This term includes, but is not limited to:
21 (1) Insulation of building structure or systems within a
22 building.
23 (2) Storm windows or doors, caulking or weather
24 stripping, multiglazed windows or doors, heat-absorbing or
25 heat-reflective glazed and coated window or door systems,
26 additional glazing, reductions in glass area or other window
27 and door system modifications that reduce energy consumption.
28 (3) Automated or computerized energy control systems.
29 (4) Heating, ventilating or air conditioning system
30 modifications or replacements.
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1 (5) Replacement or modification of lighting fixtures to
2 increase the energy efficiency of a lighting system without
3 increasing the overall illumination of a facility, unless an
4 increase in illumination is necessary to conform to
5 applicable State or local building codes for the lighting
6 system after the proposed modifications are made.
7 (6) Energy recovery systems.
8 (7) Systems that produce steam or forms of energy, such
9 as heat or electricity, for use within a building or complex
10 of buildings.
11 (8) Energy conservation measures that provide operating
12 cost reductions based on life-cycle cost analysis.
13 (9) A training program or facility alteration that
14 reduces energy consumption or reduces operating costs,
15 including allowable costs, based on future reductions in
16 labor costs or costs for contracted services.
17 (10) A facility alteration that includes expenditures
18 required to properly implement other energy conservation
19 measures.
20 (11) A program to reduce energy costs through rate
21 adjustments, load shifting to reduce peak demand or use of
22 alternative energy suppliers, such as, but not limited to:
23 (i) Changes to more favorable rate schedules.
24 (ii) Negotiation of lower rates, same supplier or
25 new suppliers, where applicable.
26 (iii) Auditing of energy service billing and meters.
27 (12) The installation of energy information and control
28 systems that monitor consumption, redirect systems to optimal
29 energy sources and manage energy-using equipment.
30 (13) Indoor air quality improvements.
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1 (14) Daylighting systems.
2 (15) Renewable or onsite distributed power generation
3 systems.
4 "Energy profile." A document showing the types and rates of
5 energy consumed and the amount of dollars expended for energy
6 consumption in a State building.
7 "Energy Star." The voluntary partnership among the
8 Department of Energy, the Environmental Protection Agency,
9 product manufacturers, local utilities and retailers to help
10 promote energy-efficient products by labeling with the Energy
11 Star logo, to educate consumers about the benefits of energy
12 efficiency and to promote energy efficiency in buildings by
13 benchmarking and rating energy performance.
14 "Governmental unit." A department or agency under the
15 jurisdiction of the Governor of the Commonwealth.
16 "Secretary." The Secretary of General Services of the
17 Commonwealth.
18 "State building." A structure occupied by an executive
19 agency as defined in 62 Pa.C.S. § 103 (relating to definitions).
20 "Task force." The Interagency Task Force on Energy
21 established under section 7.
22 Section 4. Reducing energy use in State buildings.
23 (a) Department to establish energy efficiency savings
24 target.--The department shall establish an energy efficiency
25 savings target for all State buildings managed by the department
26 or another department or agency within the executive branch. The
27 target shall be to attain a 10% reduction in energy use in all
28 Commonwealth-owned facilities by December 31, 2010, when
29 compared to energy use and energy purchases for the fiscal year
30 ending June 30, 2005.
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1 (b) Establishment of energy efficiency programs.--The
2 department shall establish programs to enhance the energy
3 efficiency of existing facilities. These shall include, but may
4 not be limited to:
5 (1) A program for an energy analysis of each State
6 building identifying opportunities for reduced energy use,
7 the cost and associated savings for each, including a
8 completion schedule for the energy analysis program.
9 (2) A program to perform regular maintenance on all
10 lighting, heating, ventilation and air conditioning systems,
11 including, but not limited to, lubricating, balancing,
12 aligning, vacuuming, cleaning and checking seals to ensure
13 optimum efficiency.
14 (3) A program to evaluate the feasibility of converting
15 to more energy-efficient lighting systems, including goals
16 for making cost-effective lighting efficiency improvements
17 that reduce electricity costs and maintain illumination
18 quality.
19 (4) Policies and procedures to identify and eliminate
20 air infiltration and improve thermal insulation in building
21 exteriors, such as walls, windows, doors, ceilings and
22 floors.
23 (5) Policies and procedures to reduce unnecessary use of
24 lighting, heating, ventilation and air conditioning systems
25 and to control thermostats to maximize energy savings while
26 also providing occupant comfort.
27 (6) Policies and procedures to maintain, monitor and
28 control systems that use water to reduce waste.
29 (7) A program to track the energy use within
30 Commonwealth-owned facilities and to establish energy
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1 profiles of these facilities, which may include, but not be
2 limited to:
3 (i) The source of heating fuel, including the type
4 of fuel.
5 (ii) The size of the building as measured in square
6 feet.
7 (iii) The total expenditures per month for
8 electricity and heating fuel.
9 Section 5. Energy efficiency and the State motor vehicle fleet.
10 In managing the Commonwealth's fleet of motor vehicles, the
11 department shall:
12 (1) Ensure compliance with the requirements of the
13 Federal Energy Policy Act of 1992 (Public Law 102-486, 42
14 U.S.C. § 13201 et seq.) by acquiring alternative fuel
15 vehicles capable of operating on nonpetroleum fuels or on
16 blended fuels with lower petroleum content.
17 (2) Increase the number of hybrid or other alternative
18 fueled vehicles within the fleet, if analysis by the
19 department determines the hybrid or other alternative fueled
20 vehicles to be cost effective and capable of meeting the
21 Commonwealth's transportation needs. Based upon this
22 analysis, the department shall develop a schedule for
23 increasing the number of hybrid or other alternative fueled
24 vehicles within the fleet over a ten-year period.
25 (3) Increase the use and procurement of alternative fuel
26 and bio-based lubricants within the fleet. The department
27 shall conduct an analysis of the vehicle fuel and amount of
28 lubricants used by all fleet vehicles and develop a schedule
29 for increasing the amount of alternative fuel and bio-based
30 lubricants over a ten-year period.
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1 (4) Develop procedures to utilize diesel fuel with the
2 highest percentage of biodiesel content available.
3 Section 6. Energy efficiency and procurement.
4 The department shall review and revise Commonwealth
5 procurement policies and procedures as necessary to ensure:
6 (1) The inclusion of energy efficiency considerations
7 and life-cycle costs when determining whether the purchase of
8 or contracting for goods or supplies represents the best
9 value for the Commonwealth, including, but not limited to,
10 equipment purchased for State facilities such as lighting
11 equipment, heating systems, ventilation systems, air
12 conditioning systems and water heating systems.
13 (2) New electronic office equipment purchased by State
14 departments or agencies shall be Energy Star compliant to the
15 extent Energy Star certified equipment is available and that
16 all major appliances purchased for State-owned or State-
17 operated facilities, including residential facilities, shall
18 be Energy Star compliant to the extent Energy Star certified
19 equipment is available.
20 Section 7. Interagency Task Force on Energy.
21 (a) Establishment.--The Interagency Task Force on Energy is
22 established.
23 (b) Purposes and goals.--The purposes and goals of the task
24 force shall be to:
25 (1) Encourage a diverse supply of energy using
26 traditional and renewable sources and ensuring adequate
27 delivery systems.
28 (2) Promote energy efficiency and conservation within
29 Commonwealth facilities.
30 (3) Coordinate State agency actions.
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1 (4) Identify opportunities for State agencies to lead by
2 example.
3 (c) Composition of task force.--The task force shall consist
4 of the following members, each of whom shall be appointed by and
5 serve at the pleasure of the Governor:
6 (1) Secretary of Environmental Protection, who shall
7 serve as chairman.
8 (2) Chairman of the Pennsylvania Public Utility
9 Commission.
10 (3) Director of the Pennsylvania Emergency Management
11 Agency.
12 (4) Executive Director of the Pennsylvania Rural
13 Development Council.
14 (5) Secretary of Aging.
15 (6) Secretary of Agriculture.
16 (7) Secretary of Community and Economic Development.
17 (8) Secretary of Conservation and Natural Resources.
18 (9) Secretary of General Services.
19 (10) Secretary of Health.
20 (11) Secretary of Public Welfare.
21 (12) Secretary of Transportation.
22 (13) Secretary of Governor's Office of Administration.
23 (14) Other individuals whom the Governor may elect to
24 appoint at any time.
25 (d) Responsibilities of task force.--
26 (1) The task force shall provide advice and assistance
27 in the preparation and review of agency energy plans.
28 (2) The task force shall seek to develop good working
29 relationships with interested stakeholders.
30 (3) The task force shall assemble the individual
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1 agency's energy plans and submit them, together with an
2 executive summary including a progress report, to the
3 Governor on or before September 15 of each year.
4 (e) Responsibilities of Commonwealth agencies and other
5 entities.--
6 (1) Each executive agency, and all independent agencies
7 participating voluntarily in this initiative, shall develop
8 an annual energy plan that outlines the actions the agency
9 will take to:
10 (i) utilize to the extent practical alternative
11 energy sources for energy supply;
12 (ii) promote conservation, efficiency and demand
13 management;
14 (iii) track and report energy usage and cost; and
15 (iv) further support the energy goals of the
16 Commonwealth as may be set forth by the task force.
17 (2) The energy plan shall also include the measures
18 taken in the previous year that addressed these listed goals.
19 The plan shall be submitted to the task force for advice and
20 assistance on or before July 15 of each year. The task force
21 shall compile the agency reports into a comprehensive report
22 to be included as part of the annual report required under
23 section 10.
24 (f) Interagency energy team.--Each task force member shall
25 designate staff to serve on an interagency energy team that will
26 meet, as needed, to ensure that plan tasks are developed and
27 implemented. The team shall report to the chairman of the task
28 force. The Department of Environmental Protection shall
29 coordinate the activities of the teams.
30 (g) Interagency cooperation.--All agencies under the
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1 Governor's jurisdiction shall fully cooperate and provide
2 assistance, particularly with regard to agency energy plans, to
3 the task force in performing its functions.
4 (h) Compensation.--Members of the task force shall receive
5 no compensation for their services, except that such members may
6 be reimbursed for actual travel and related expenses in
7 accordance with relevant rules and regulations of the Executive
8 Board.
9 (i) Funding.--Each agency shall provide sufficient funds and
10 staff to develop and implement its energy plan.
11 (j) Meetings.--Task force meetings shall be held on a
12 regular basis and shall be open to the public as required by 65
13 Pa.C.S. Ch. 7 (relating to open meetings).
14 Section 8. Cooperation among executive agencies and independent
15 agencies.
16 (a) Duty to cooperate.--The department may request and shall
17 receive from any executive agency such cooperation, information
18 and data needed to properly implement this act. Independent
19 agencies not under the Governor's jurisdiction may participate
20 in the provisions of this act.
21 (b) Duties of Department of Environmental Protection.--The
22 Department of Environmental Protection shall:
23 (1) Provide advice and assistance to the Department of
24 General Services and executive agencies in developing the
25 energy management and conservation requirements of this act.
26 (2) On a continuing basis, develop and recommend
27 additional energy conservation measures or alternative energy
28 generation technologies that could be implemented by
29 executive agencies.
30 (3) Assist the department in developing long-range
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1 energy management and conservation methods to be applied in
2 Commonwealth facilities.
3 (4) Assist the department in the preparation of the
4 annual report as listed in section 10.
5 Section 9. Recognition of efforts to improve State energy
6 efficiency.
7 The department shall establish an annual award program to be
8 known as the Governor's Award for Excellence in Energy
9 Efficiency to annually recognize and reward State department or
10 agency progress in implementing cost-effective energy efficiency
11 and energy conservation measures and for achieving energy
12 savings.
13 Section 10. Reporting.
14 The department shall provide an annual report to the chairman
15 and minority chairman of the Environmental Resources and Energy
16 Committee of the Senate and the chairman and minority chairman
17 of the Environmental Resources and Energy Committee of the House
18 of Representatives that specifies the efforts of all State
19 departments and agencies in complying with this act.
20 Section 11. Effective date.
21 This act shall take effect in 60 days.
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