S. 3591 (109th): High-Performance Green Buildings Act of 2006

The text of the bill below is as of Nov 13, 2006 (Reported by Senate Committee).

Source: GPO

II

Calendar No. 660

109th CONGRESS

2d Session

S. 3591

[Report No. 109–358]

IN THE SENATE OF THE UNITED STATES

June 28, 2006

(for himself, Ms. Snowe, Mr. Lautenberg, Mr. Chafee, Mrs. Boxer, Mrs. Feinstein, Mrs. Clinton, Mr. Lieberman, Mr. Obama, Mr. Menendez, Mr. Wyden, and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

November 13, 2006

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To improve efficiency in the Federal Government through the use of high-performance green buildings, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the High-Performance Green Buildings Act of 2006.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—Office of High-Performance Green Buildings

Sec. 101. Oversight.

Sec. 102. Office of High-Performance Green Buildings.

Sec. 103. Green Building Advisory Committee.

Sec. 104. Public outreach.

Sec. 105. Research and development.

Sec. 106. Budget and life-cycle costing and contracting.

Sec. 107. Authorization of appropriations.

TITLE II—Healthy High-Performance Schools

Sec. 201. Definition of high-performance school.

Sec. 202. Grants for healthy school environments.

Sec. 203. Model guidelines for siting of school facilities.

Sec. 204. Public outreach.

Sec. 205. Authorization of appropriations.

TITLE III—Strengthening Federal Leadership

Sec. 301. Incentives.

Sec. 302. Federal procurement.

Sec. 303. Federal green building performance.

TITLE IV—Demonstration project

Sec. 401. Coordination of goals.

Sec. 402. Authorization of appropriations.

2.

Definitions

In this Act:

(1)

Administrator

The term Administrator means the Administrator of General Services.

(2)

Committee

The term Committee means the Green Building Advisory Committee established under section 103(a).

(3)

Director

The term Director means the individual appointed to the position established under section 101(a).

(4)

Federal facility

(A)

In general

The term Federal facility means any building or facility the intended use of which requires the building or facility to be—

(i)

accessible to the public; and

(ii)

constructed or altered by or on behalf of the United States.

(B)

Exclusions

The term Federal facility does not include a privately-owned residential or commercial structure that is not leased by the Federal Government.

(5)

High-performance green building

The term high-performance green building means a building—

(A)

that, during its life-cycle—

(i)

reduces energy, water, and material resource use and the generation of waste;

(ii)

improves indoor environmental quality, including protecting indoor air quality during construction, using low-emitting materials, improving thermal comfort, and improving lighting and acoustic environments that affect occupant health and productivity;

(iii)

improves indoor and outdoor impacts of the building on human health and the environment;

(iv)

increases the use of environmentally preferable products, including biobased, recycled content, and nontoxic products with lower life-cycle impacts;

(v)

increases reuse and recycling opportunities; and

(vi)

integrates systems in the building; and

(B)

for which, during its planning, design, and construction, the environmental and energy impacts of building location and site design are considered.

(6)

Life cycle

The term life cycle, with respect to a high-performance green building, means all stages of the useful life of the building (including components, equipment, systems, and controls of the building) beginning at conception of a green building project and continuing through site selection, design, construction, landscaping, commissioning, operation, maintenance, renovation, deconstruction or demolition, removal, and recycling of the green building.

(7)

Life-cycle assessment

The term life-cycle assessment means a comprehensive system approach for measuring the environmental performance of a product or service over the life of the product or service, beginning at raw materials acquisition and continuing through manufacturing, transportation, installation, use, reuse, and end-of-life waste management.

(8)

Life-cycle costing

The term life-cycle costing, with respect to a high-performance green building, means a technique of economic evaluation that—

(A)

sums, over a given study period, the costs of initial investment (less resale value), replacements, operations (including energy use), and maintenance and repair of an investment decision; and

(B)

is expressed—

(i)

in present value terms, in the case of a study period equivalent to the longest useful life of the building, determined by taking into consideration the typical life of such a building in the area in which the building is to be located; or

(ii)

in annual value terms, in the case of any other study period.

(9)

Office

The term Office means the Office of High-Performance Green Buildings established under section 102(a).

I

Office of High-Performance Green Buildings

101.

Oversight

(a)

In general

The Administrator shall establish within the General Services Administration, and appoint an individual to serve as Director in, a position in the career-reserved Senior Executive service, to—

(1)

establish and manage the Office in accordance with section 102; and

(2)

carry out other duties as required under this Act.

(b)

Compensation

The compensation of the Director shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title.

102.

Office of High-Performance Green Buildings

(a)

Establishment

The Director shall establish within the General Services Administration an Office of High-Performance Green Buildings.

(b)

Duties

The Director shall—

(1)

ensure full coordination of high-performance green building information and activities within the General Services Administration and all relevant Federal agencies, including, at a minimum—

(A)

the Environmental Protection Agency;

(B)

the Office of the Federal Environmental Executive;

(C)

the Office of Federal Procurement Policy;

(D)

the Department of Energy;

(E)

the Department of Health and Human Services;

(F)

the Department of Defense; and

(G)

such other Federal agencies as the Director considers to be appropriate;

(2)

establish a senior-level green building advisory committee, which shall provide advice and recommendations in accordance with section 103;

(3)

identify and biennially reassess improved or higher rating standards recommended by the Committee;

(4)

establish a national high-performance green building clearinghouse in accordance with section 104, which shall provide green building information through—

(A)

outreach;

(B)

education; and

(C)

the provision of technical assistance;

(5)

ensure full coordination of research and development information relating to high-performance green building initiatives under section 105;

(6)

identify and develop green building standards that could be used for all types of Federal facilities in accordance with section 105;

(7)

establish green practices that can be used throughout the life of a Federal facility;

(8)

review and analyze current Federal budget practices and life-cycle costing issues, and make recommendations to Congress, in accordance with section 106; and

(9)

complete and submit the report described in subsection (c).

(c)

Report

Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Director shall submit to Congress a report that—

(1)

describes the status of the green building initiatives under this Act and other Federal programs in effect as of the date of the report, including—

(A)

the extent to which the programs are being carried out in accordance with this Act; and

(B)

the status of funding requests and appropriations for those programs;

(2)

identifies within the planning, budgeting, and construction process all types of Federal facility procedures that inhibit new and existing Federal facilities from becoming high-performance green buildings as measured by—

(A)

a silver rating, as defined by the Leadership in Energy and Environmental Design Building Rating System standard established by the United States Green Building Council (or an equivalent rating obtained through a comparable system); or

(B)

an improved or higher rating standard, as identified by the Committee;

(3)

identifies inconsistencies, as reported to the Committee, in Federal law with respect to product acquisition guidelines and high-performance product guidelines;

(4)

recommends language for uniform standards for use by Federal agencies in environmentally responsible acquisition;

(5)

in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for—

(A)

restructuring of budgets to recommend the use of complete energy- and environmental-cost accounting;

(B)

using operations expenditures in budget-related decisions while simultaneously incorporating productivity and health measures (as those measures can be quantified by the Office, with the assistance of universities and national laboratories);

(C)

permitting Federal agencies to retain all identified savings accrued as a result of the use of life cycle costing; and

(D)

identifying short- and long-term cost savings that accrue from high-performance green buildings, including those relating to health and productivity;

(6)

identifies green, self-sustaining technologies to address the operational needs of Federal facilities in times of national security emergencies, natural disasters, or other dire emergencies;

(7)

summarizes and highlights development, at the State and local level, of green building initiatives, including Executive orders, policies, or laws adopted promoting green building (including the status of implementation of those initiatives); and

(8)

includes, for the 2-year period covered by the report, recommendations to address each of the matters, and a plan for implementation of each recommendation, described in paragraphs (1) through (6).

(d)

Implementation

The Office shall carry out each plan for implementation of recommendations under subsection (c)(7).

103.

Green Building Advisory Committee

(a)

Establishment

Not later than 180 days after the date of enactment of this Act, the Director shall establish an advisory committee, to be known as the Green Building Advisory Committee.

(b)

Membership

(1)

In general

The Committee shall be composed of representatives of, at a minimum—

(A)

each agency referred to in section 102(b)(1); and

(B)

other relevant agencies and entities, as determined by the Director, including at least 1 representative of each of—

(i)

State and local governmental green building programs;

(ii)

independent green building associations or councils;

(iii)

building experts, including architects, material suppliers, and construction contractors;

(iv)

security advisors focusing on national security needs, natural disasters, and other dire emergency situations; and

(v)

environmental health experts, including those with experience in children's health.

(2)

Non-Federal members

The total number of non-Federal members on the Committee at any time shall not exceed 15.

(c)

Meetings

The Director shall establish a regular schedule of meetings for the Committee.

(d)

Duties

The Committee shall provide advice and expertise for use by the Director in carrying out the duties under this Act, including such recommendations relating to Federal activities carried out under sections 104 through 106 as are agreed to by a majority of the members of the Committee.

(e)

FACA Exemption

The Committee shall not be subject to section 14 of the Federal Advisory Committee Act (5 U.S.C. App.).

104.

Public outreach

The Director, in coordination with the Committee, shall carry out public outreach to inform individuals and entities of the information and services available Government-wide by—

(1)

establishing and maintaining a national high-performance green building clearinghouse, including on the Internet, that—

(A)

identifies existing similar efforts and coordinates activities of common interest; and

(B)

provides information relating to high-performance green buildings, including hyperlinks to Internet sites that describe related activities, information, and resources of—

(i)

the Federal Government;

(ii)

State and local governments;

(iii)

the private sector (including nongovernmental and nonprofit entities and organizations); and

(iv)

other relevant organizations, including those from other countries;

(2)

identifying and recommending educational resources for implementing high-performance green building practices, including security and emergency benefits and practices;

(3)

providing access to technical assistance on using tools and resources to make more cost-effective, energy-efficient, health-protective, and environmentally beneficial decisions for constructing high-performance green buildings, including tools available to conduct life-cycle costing and life-cycle assessment;

(4)

providing information on application processes for certifying a high-performance green building, including certification and commissioning;

(5)

providing technical information, market research, or other forms of assistance or advice that would be useful in planning and constructing high-performance green buildings; and

(6)

using such other methods as are determined by the Director to be appropriate.

105.

Research and development

The Director, in coordination with the Committee, shall—

(1)
(A)

survey existing research and studies relating to high-performance green buildings; and

(B)

coordinate activities of common interest;

(2)

develop and recommend a high-performance green building research plan that—

(A)

identifies information and research needs, including the relationships between human health, occupant productivity, and each of—

(i)

emissions from materials and products in the building;

(ii)

natural day lighting;

(iii)

ventilation choices and technologies;

(iv)

heating, cooling, and system control choices and technologies;

(v)

moisture control and mold;

(vi)

maintenance, cleaning, and pest control activities;

(vii)

acoustics; and

(viii)

other issues relating to the health, comfort, productivity, and performance of occupants of the building; and

(B)

promotes the development and dissemination of high-performance green building measurement tools that, at a minimum, may be used—

(i)

to monitor and assess the life-cycle performance of facilities (including demonstration projects) built as high-performance green buildings; and

(ii)

to perform life-cycle assessments;

(3)

assist the budget and life-cycle costing functions of the Office under section 106;

(4)

study and identify potential benefits of green buildings relating to security, natural disaster, and emergency needs of the Federal Government; and

(5)

support other research initiatives determined by the Office.

106.

Budget and life-cycle costing and contracting

(a)

Establishment

The Director, in coordination with the Committee, shall—

(1)

identify, review, and analyze current budget and contracting practices that affect achievement of high-performance green buildings, including the identification of barriers to green building life-cycle costing and budgetary issues;

(2)

develop guidance and conduct training sessions with budget specialists and contracting personnel from Federal agencies and budget examiners to apply life-cycle cost criteria to actual projects;

(3)

identify tools to aid life-cycle cost decisionmaking; and

(4)

explore the feasibility of incorporating the benefits of green buildings, such as security benefits, into a cost-budget analysis to aid in life-cycle costing for budget and decision making processes.

107.

Authorization of appropriations

There is authorized to be appropriated to carry out this title $3,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.

II

Healthy High-Performance Schools

201.

Definition of high-performance school

In this title, the term high-performance school has the meaning given the term healthy, high-performance school building in section 5586 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7277e).

202.

Grants for healthy school environments

The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Education, may provide grants to qualified State agencies for use in—

(1)

providing technical assistance for programs of the Environmental Protection Agency (including the Tools for Schools Program and the Healthy School Environmental Assessment Tool) to schools for use in addressing environmental issues; and

(2)

development of State school environmental quality plans that include—

(A)

standards for school building design, construction, and renovation; and

(B)

identification of ongoing school building environmental problems in the State and recommended solutions to address those problems, including assessment of information on the exposure of children to environmental hazards in school facilities.

203.

Model guidelines for siting of school facilities

The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Education and the Secretary of Health and Human Services, shall develop school site selection guidelines that account for—

(1)

the special vulnerability of children to hazardous substances or pollution exposures in any case in which the potential for contamination at a potential school site exists;

(2)

modes of transportation available to students and staff; and

(3)

the potential use of a school at the site as an emergency shelter.

204.

Public outreach

(a)

In general

The Administrator of the Environmental Protection Agency shall provide to the Director information relating to all activities carried out under this title, which the Director shall include in the report described in section 102(c).

(b)

Public outreach

The Director shall ensure, to the maximum extent practicable, that the public clearinghouse established under section 104 receives and makes available information on the exposure of children to environmental hazards in school facilities, as provided by the Administrator of the Environmental Protection Agency.

205.

Authorization of appropriations

There is authorized to be appropriated to carry out this title $5,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.

III

Strengthening Federal Leadership

301.

Incentives

As soon as practicable after the date of enactment of this Act, the Director shall identify incentives to encourage the use of green buildings and related technology in the operations of the Federal Government, including through—

(1)

the provision of recognition awards; and

(2)

the maximum feasible retention of financial savings in the annual budgets of Federal agencies.

302.

Federal procurement

(a)

In general

Not later than 2 years after the date of enactment of this Act, the Director of the Office of Federal Procurement Policy, in consultation with the Director and the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall promulgate revisions of the applicable acquisition regulations, to take effect as of the date of promulgation of the revisions—

(1)

to direct any Federal procurement executives involved in the acquisition, construction, or major renovation (including contracting for the construction or major renovation) of any facility, to the maximum extent practicable—

(A)

to employ integrated design principles;

(B)

to optimize building and systems energy performance;

(C)

to protect and conserve water;

(D)

to enhance indoor environmental quality; and

(E)

to reduce environmental impacts of materials and waste flows; and

(2)

to direct Federal procurement executives involved in leasing buildings, to give preference to the lease of facilities that, to the maximum extent practicable—

(A)

are energy-efficient; and

(B)

have applied contemporary high-performance and sustainable design principles during construction or renovation.

(b)

Guidance

Not later than 90 days after the date of promulgation of the revised regulations under subsection (a), the Director shall issue guidance to all Federal procurement executives providing direction and the option to renegotiate the design of proposed facilities, renovations for existing facilities, and leased facilities to incorporate improvements that are consistent with this section.

303.

Federal green building performance

(a)

In general

Not later than October 31 of each of the 2 fiscal years following the fiscal year in which this Act is enacted, and at such times thereafter as the Comptroller General of the United States determines to be appropriate, the Comptroller General of the United States shall, with respect to the fiscal years that have passed since the preceding report—

(1)

conduct an audit of the implementation of this Act; and

(2)

submit to the Office, the Committee, the Administrator, and Congress a report describing the results of the audit.

(b)

Contents

An audit under subsection (a) shall include a review, with respect to the period covered by the report under subsection (a)(2), of—

(1)

budget, life-cycle costing, and contracting issues, using best practices identified by the Comptroller General of the United States and heads of other agencies in accordance with section 106;

(2)

the level of coordination among the Office, the Office of Management and Budget, and relevant agencies;

(3)

the performance of the Office in carrying out the implementation plan;

(4)

the design stage of high-performance green building measures;

(5)

high-performance building data that were collected and reported to the Office; and

(6)

such other matters as the Comptroller General of the United States determines to be appropriate.

(c)

Environmental Stewardship Scorecard

The Director shall consult with the Committee to enhance, and assist in the implementation of, the Environmental Stewardship Scorecard announced at the White House summit on Federal sustainable buildings in January 2006, to measure the implementation by each Federal agency of sustainable design and green building initiatives.

IV

Demonstration project

401.

Coordination of goals

(a)

In general

The Director shall establish guidelines to implement a demonstration project to contribute to the research goals of the Office.

(b)

Projects

In accordance with guidelines established by the Director under subsection (a) and the duties of the Director described in title I, the Director shall carry out a demonstration project, in a Federal building in the State of Vermont in accordance with subsection (c), that—

(1)

provides for the evaluation of the information obtained through the conduct of projects and activities under this Act; and

(2)

achieves a platinum rating, as defined by the Leadership in Energy and Environmental Design Building Rating System standard established by the United States Green Building Council (or an equivalent rating obtained through a comparable system).

(c)

Criteria

With respect to the existing or proposed Federal facility at which a demonstration project under this section is conducted, the Federal facility shall—

(1)

be an appropriate model for a project relating to—

(A)

the effectiveness of high-performance technologies;

(B)

analysis of materials, components, and systems, including the impact on the health of building occupants;

(C)

life-cycle costing and life-cycle assessment of building materials and systems; and

(D)

location and design that promote access to the Federal facility through walking, biking, and mass transit; and

(2)

possess sufficient technological and organizational adaptability.

(d)

Report

Not later than 1 year after the date of enactment of this Act, and annually thereafter through September 30, 2013, the Director shall submit to the Administrator a report that describes the status of and findings regarding the demonstration project.

402.

Authorization of appropriations

There is authorized to be appropriated to carry out the Federal demonstration project described in section 401(b) $5,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.

November 13, 2006

Reported with an amendment