[Senate Report 110-241]
[From the U.S. Government Publishing Office]
Calendar No. 533
110th Congress Report
SENATE
1st Session 110-241
======================================================================
HIGH-PERFORMANCE GREEN BUILDINGS ACT OF 2007
_______
December 12, 2007.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 506]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 506) to improve efficiency in the Federal
Government through the use of high-performance green buildings,
and for other purposes, having considered the same reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
GENERAL STATEMENT AND BACKGROUND
Background on high-performance Green Buildings legislation
The Environment and Public Works Committee adopted
bipartisan Green Buildings legislation, S. 3591, by voice vote
in the 109th Congress in November 2006. That bill was never
considered by the full Senate. In the 110th Congress, Senator
Lautenberg and a bipartisan group of cosponsors introduced a
slightly modified version of last year's bill (S. 506), as did
Senator Warner (S. 489). A major difference between the
Lautenberg and Warner bills was that the Lautenberg bill uses
Leadership in Energy and Environmental Design (LEED) as the
basis for defining green buildings, while the Warner bill did
not--leaving it up to GSA to determine a standard. GSA
currently uses LEED as its green building standard.
After extensive discussions, a Lautenberg-Warner-Boxer
substitute amendment was developed based primarily upon S. 506,
but which incorporates certain aspects of the S. 489 and other
changes. The substitute amendment was adopted by the Committee.
It makes four significant amendments:
1. The bill encourages the government to build and upgrade
to green buildings; the amendment provides that specific
references to LEED as the standard for green buildings (in
Sec. Sec. 102 and 401) are replaced by a requirement for GSA to
determine every 2 years what the best green building
certification standard is, based upon criteria in the revised
bill.
2. The bill provides for guidelines for siting green
schools (Sec. 203), and for school environmental health
(Sec. 205); the amendment clarifies that these guidelines are
voluntary, not regulatory requirements.
3. The criteria for guidelines for siting schools are
amended to require consideration of efficient use of energy as
well as environmental and other factors.
4. A findings and purposes section has been added.
Summary of legislation
S. 506 as modified by the substitute amendment directs the
Administrator of General Services to establish an Office of
High-Performance Green Buildings, and to appoint a Director.
The Office must establish a Green Building Advisory Committee;
do public outreach on green buildings; develop and recommend a
high-performance green building research plan; develop and
implement a comprehensive indoor air quality program for
federal facilities; analyze current budget and contracting
practices that affect achievement of high-performance green
buildings; and identify issues that inhibit federal facilities
from becoming green buildings as measured by the GSA-selected
rating standard.
The bill defines a ``high-performance green building'' as
one that, during its life-cycle, reduces energy, water,
material resource use and the generation of waste and improves
indoor environmental and air quality. High-performance green
buildings also are intended to improve impacts of the building
on human health and the environment, increase the use of
environmentally preferable products, increase reuse and
recycling opportunities, and integrate systems in the building.
The legislation requires the Director to identify
incentives to encourage the use of green buildings. It also
authorizes the Administrator of the Environmental Protection
Agency (EPA) to provide grants to state agencies for use in
providing technical assistance for EPA's programs (including
the Tools for Schools Program and the Healthy School
Environmental Assessment Tool) to schools for use in addressing
environmental issues, and in developing state school
environmental quality plans.
The bill also requires the EPA to develop school site
acquisition guidelines that account for the special
vulnerability of children to hazardous substances or pollution
exposure where the potential for site contamination exists. The
guidelines also are to account for available modes of
transportation and the potential use of the school as an
emergency shelter. The Director is to ensure that a public
clearinghouse makes available information on the exposure of
children to environmental hazards in school facilities.
EPA is also required to issue guidelines for states in
developing and implementing an environmental health program for
schools.
In addition, the Director of the Office of Federal
Procurement Policy (OFPP) is required to revise applicable
acquisition regulations to require federal facility
acquisition, construction, or renovation to optimize energy
performance, conserve water, enhance indoor environmental
quality, and reduce environmental impacts of materials and
waste flows. The OFPP also is to issue guidance to federal
procurement executives on renegotiating proposed facilities
design, existing facilities renovations, and eased facilities
improvements.
Background on development of Green Buildings legislation and
administrative actions
The Green Buildings legislation has a rich history in the
Environment and Public Works Committee, and considers and
builds upon developments in the Executive Branch. On April 24,
2002, the Senate Committee on Environment and Public Works
hosted a roundtable that involved all relevant Federal
agencies, State and local green building officials, the U.S.
Green Building Council, universities, and environmental
building experts, including designers and architects. The
purpose of the roundtable was to begin a dialogue between the
Congress and green building interests. The findings and
recommendations that came out of the roundtable were summarized
in a report entitled, ``Building Momentum: National Trends and
Prospects for High-Performance Green Buildings.''
In addition, the Environment and Public Works Committee
conducted a hearing on October 1, 2002, to assess green school
initiatives: environmental standards for schools, school siting
in relation to toxic waste sites, and ``green'' building codes.
The Committee reviewed activities undertaken by the EPA's
Office of Children's Environmental Health, the Office of Indoor
Air Quality, and the Department of Energy concerning
environmental and energy issues relevant to school properties.
In September 2003, the White House Office of the Federal
Environmental Executive published a report entitled, ``The
Federal Commitment to Green Building: Experiences and
Expectations,'' that included a list of recommendations to
improve the Federal effort on green building activities. These
recommendations included better coordination of all green
building activities, better guidance and direction for Federal
agencies, a need for research on the benefits of green
buildings, and the development of green building tools. Soon
after, the Federal Green Building Council, whose members
include senior officials of many Federal agencies, including
GSA, EPA, DOE, DOD and ten others, was established in 2003 to
guide policy development and research on green building
initiatives within each Federal agency.
Federal green practices for buildings and operations have
been started through various directives, such as Executive
Order 13123, ``Greening the Government Through Efficient Energy
Management'' (June 1999) and Executive Order 13101, ``Greening
the Government Through Waste Prevention, Recycling, and Federal
Acquisition'' (September 1998). Those two orders were modified,
consolidated, and revoked by Executive Order 13423 (January
2007), which extended the previous Executive Orders' directives
to use certain green building practices.
For example, Executive Order 13423 provides goals that each
agency is to ``improve energy efficiency and reduce greenhouse
gas emissions of the agency'' by specified percentages, and are
to require ``use of sustainable environmental practices,
including acquisition of bio-based, environmentally preferable,
energy-efficient, water-efficient, and recycled-content
products.'' In addition, this Executive Order provides that
agencies are to ``ensure that (i) new construction and major
renovation of agency buildings comply with the Guiding
Principles for Federal Leadership in High-Performance and
Sustainable Buildings set forth in the Federal Leadership in
High-Performance and Sustainable Buildings Memorandum of
Understanding (2006), and (ii) 15 percent of the existing
Federal capital asset building inventory of the agency as of
the end of fiscal year 2015 incorporates the sustainable
practices in the Guiding Principles.''
The Interagency Sustainability Working Group (ISWG) was
established in 2001 in response to Executive Order 13123, and
was designed as a forum for the exchange of information on
sustainable design activities within the Federal government.
In 2006, as referred to in Executive Order 13423, the White
House Summit on Federal Sustainable Buildings resulted in the
signing of a Memorandum of Understanding (MOU) for Federal
Leadership in High-Performance and Sustainable Buildings
between the Office of the Federal Environmental Executive
(OFEE) and 19 Federal agencies. In July of 2006, as noted in
the bill's findings, a report commissioned by GSA concluded
that the Leadership in Energy and Environmental Design standard
was ``the dominant system in the United States market.''
With regard to school environments, the President's Task
Force on Environmental Health Risks and Safety Risks to
Children was created in 1998 under Executive Order 13045 (April
21, 1997) to coordinate and promote children's environmental
health issues across the Federal government. The task force
addressed a number of important environmental school issues,
including asthma, lead-based paint, childhood cancers, and
unintentional injuries. In 2001, the task force created a
schools workgroup, which developed a Federal inventory of
school environmental health programs and activities and
supported the development of a government-wide web portal on
school environmental health issues. The task force expired in
2005. In early 2005, OFEE convened an interagency task force to
address promoting environmental and energy stewardship in
schools by having agencies share their case studies and best
practices with the educational community. This group was merged
with the Education Initiative Team under the Cooperative
Conservation Executive Order 13352 Task Force.
In the 108th Congress, Senator Jeffords introduced S. 2620,
the High-Performance Green Buildings Act of 2004, based upon
the recommendations and findings of both reports mentioned
above. No Committee action was taken on S. 2620.
In the 109th Congress, Senator Jeffords reintroduced his
original Green Building legislation, slightly modified, as S.
3591, the High-Performance Green Buildings Act of 2006, which
was amended and adopted the Committee on Environment and Public
Works, but not taken up by the Senate. In the 110th Congress,
Senator Lautenberg introduced S. 506, and Senator Warner
introduced S. 489, both modified versions of S. 3591 from the
109th Congress.
OBJECTIVES OF THE LEGISLATION
As outlined in Section 2 of S. 506, Findings and Purposes
of the bill, the legislation is intended to encourage the
Federal Government to act as an example for State and local
governments, the private sector, and individuals by building
high-performance green buildings that reduce energy use and
environmental impacts. The bill establishes an office within
the General Services Administration, and a Green Building
Advisory Committee, to advance the goals of conducting research
and development and public outreach, and to move the Federal
Government toward construction of high-performance green
buildings
The legislation also is intended to encourage States, local
governments, and school systems to site, build, renovate, and
operate high-performance green schools through the adoption of
voluntary guidelines for those schools, the dissemination of
grants, and the adoption of environmental health plans and
programs.
Another goal of the legislation is to strengthen Federal
leadership on high-performance green buildings through the
adoption of incentives for high-performance green buildings,
and improved green procurement by Federal agencies to
demonstrate that high-performance green buildings can and do
provide significant benefits, in order to encourage wider
adoption of green building practices, through the adoption of
demonstration projects.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section provides that this Act may be cited as the
``High-Performance Green Buildings Act of 2007.''
Section 2. Findings and purposes
This section outlines the major findings that led the
Committee to adopt the legislation. It also enunciates the key
goals of the bill.
Section 3. Definitions
This section defines the terms ``Administrator,''
``Committee,'' ``Director,'' ``Federal Facility,'' ``High-
Performance Green Building,'' ``Life-Cycle,'' ``Life-Cycle
Assessment,'' ``Life-Cycle Costing,'' and ``Office.''
TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS
Section 101. Oversight
This section establishes and appoints a Senior Executive
Service (SES) career individual to serve as Director for the
Office of High-Performance Green Buildings and provides
compensation.
Subsection (a) establishes the Director position and
appoints a career SES individual to manage the office in
accordance with section 102.
Subsection (b) provides compensation for the Director at a
maximum rate of basic pay for a Senior Executive Service under
section 5382 of title 5, U.S. Code.
Section 102. Office of High-Performance Green Buildings
This section establishes an office within the General
Services Administration as the Office of High-Performance Green
Buildings and outlines the duties of the Director of the
Office.
Subsection (a) establishes the Office of High-Performance
Green Buildings within the General Services Administration.
Subsection (b) outlines the duties of the Director to
include: (1) ensuring full coordination of all green building
activities within the General Services Administration and all
relevant Federal agencies that at a minimum include: the
Environmental Protection Agency, the Office of the Federal
Environmental Executive, Department of Energy, Office of the
Federal Procurement Policy, Department of Health and Human
Services, and the Department of Defense; (2) establishing a
senior-level green building advisory committee to provide
advice and recommendations to the Director; (3) identifying and
biennially reassessing improved or higher rating standards; (4)
establishing a high-performance green building clearinghouse;
(5) ensuring full coordination of research and development
information; (6) identifying and developing green building
standards; (7) establishing green building practices for
Federal facilities; (8) reviewing and analyzing Federal budget
practices relating to green buildings; and (9) providing a
report to Congress.
Subsection (c) requires that a report be submitted to
Congress within 2 years of enactment and biennially thereafter
that includes: (1) a description of green building initiatives
under this act and other programs in effect prior to this Act
along with the current status of each and funding levels; (2)
identification of barriers within the planning, budgeting and
construction process that prevent new and existing facilities
from becoming high-performance green buildings as measured by
the standard established under subsection (d); (3)
identification of inconsistencies within current law; (4)
recommendations of language for uniform standards for all
Federal agencies; (5) a review of the budget process for
alternatives to address energy and environmental cost
accounting and include benefits to health and productivity,
permitting Federal agencies to retain savings accrued through
life-cycle costing, and identifying short and long term savings
from high-performance green building initiatives, including
those related to health and productivity; (6) identification of
green self-sustaining technologies to address operational needs
of Federal facilities in times of national security
emergencies, natural disasters, or other dire emergencies; (7)
a summary of developments at the State and local levels; and
(8) recommendations to address these issues.
A variety of green building rating systems are currently
available for use by the U.S. building industry. While the
Findings and Purposes section specifically references the
United States Green Building Council's Leadership in Energy and
Environmental Design (LEED) and the Green Globes rating system
from the Green Building Initiative (GBI), and while as noted in
that section GSA currently uses the LEED standard, the
Committee intends that other rating systems be reviewed under
this bill to determine the best standard for high-performance
green buildings. Both LEED and Green Globes have U.S.-specific
versions; examples of other ratings tools include (but are not
limited to) the Building Research Establishment's Environmental
Assessment Method (BREEAM), the Comprehensive Assessment System
for Building Environmental Efficiency (CASBEE), and GBTool. The
Committee intends that the Office of High-Performance Green
Buildings evaluate all credible green building rating systems
biennially as they develop, to determine how they apply to help
new and existing facilities become high-performance green
buildings, and which standard best achieves the purposes of the
Act, using the criteria in subsection (d).
Subsection (d) requires that the Director must identify a
standard that the Director determines to be the most likely to
encourage a comprehensive and environmentally-sound approach to
certification of green buildings not later than 60 days after
the date of enactment of this Act, and that the Director review
that determination every two years thereafter. This standard is
to be based on: (1) a required biennial study, to be carried
out by the Director, that compares and evaluate high
performance green building standards; (2) the ability and
availability of assessors and auditors to independently verify
the criteria and measurement of metrics at the scale necessary
to implement this Act; (3) the ability of the applicable
standard-setting organization to collect and reflect public
comment; (4) the ability of the standard to be developed and
revised through a consensus-based process; (5) an evaluation of
the adequacy of the standard, which shall give credit for the
efficient and sustainable use of water, energy, and other
natural resources, use of renewable energy sources, improved
indoor environmental quality through enhanced indoor air
quality, thermal comfort, acoustics, day lighting, pollutant
source control, and use of low-emission materials and building
system controls and such other criteria as the Director
determines to be appropriate; and (6) national recognition
within the building industry. The Director is required by
subsection (d) to conduct a biennial review of the standard and
to include the results of each biennial review in the report
required to be submitted under subsection (c).
Subsection (e) requires that the Office carry out a plan
for implementing these initiatives.
Section 103. Green Building Advisory Committee
This section establishes a Green Building Advisory
Committee of both Federal and non-Federal entities, sets
specific parameters on the membership, and requires that the
Director set a regular schedule of meetings. This section
explains the role of the Committee and provides an exemption to
section 14 of the Federal Advisory Committee Act.
Subsection (a) establishes that no later than 180 days
after enactment, the Director shall create the Green Building
Advisory Committee.
Subsection (b) outlines the membership of the Committee to
include all relevant Federal agencies and at least one
representative of each of the following: state and local
government green building programs, independent green building
associations or councils, building experts, security advisors,
and environmental health experts, including those with
experience in children's health. The Committee may not have
more than 15 non-Federal members.
Subsection (c) requires that a regular schedule of meetings
be set. The Committee recommends that the Green Building
Advisory Committee meet as often as 6 times each year, if
deemed necessary by the Director in consultation with other
members of the Advisory Committee, but realizes that a physical
meeting may not always be necessary.
Subsection (d) explains that the role of the Committee is
to provide advice and expertise to the Director for carrying
out his duties under this Act.
Subsection (e) exempts the Committee from section 14 of the
Federal Advisory Committee Act that dissolves committees after
2 years.
Section 104. Public outreach
This section requires the Director to carry out public
outreach to inform individuals and entities of green building
activities government-wide through the creation of a national
high-performance green building clearinghouse that identifies
similar green building activities and provides direct links to
each Federal agency's green building activities, as well as
major developments, findings or studies at the State and local
level, the private sector, and other relevant organizations,
including those of other countries. The clearinghouse shall
also provide access to technical information, including tools
and resources helpful for making decisions that are more cost-
effective, energy-efficient, health-protective and
environmentally beneficial, and that would be useful for
constructing a high-performance green building, as well as
information on how to certify a green building.
Section 105. Research and development
This section requires the Director to coordinate ongoing
green building activities, to survey recent findings and
developments, and to develop a research plan on high-
performance green buildings. The research shall involve the
relationship between human health, occupant productivity and
each of the following: emissions from materials and products in
the building, natural day lighting, ventilation choices and
technologies, heating and cooling systems, moisture control and
mold, maintenance and cleaning, pest control, and other issues
relating to health, comfort, productivity, and performance of
the occupants of the building.
The research plan shall also include the development and
dissemination of tools to measure the life-cycle performance of
a building, a review of the benefits of using high-performance
green buildings during a natural disaster or national
emergency, as well as other areas the Director deems necessary.
Subsection (b) requires the Director, in consultation with
the Green Building Advisory Committee, to develop and carry out
a comprehensive indoor air quality program for all Federal
facilities to ensure the safety of Federal workers and facility
occupants during new construction and renovation of facilities,
and in existing facilities. The Committee intends that the
Director's program be developed in close cooperation with the
EPA indoor air quality program. The Committee is aware that as
green buildings' envelopes are tightened to increase their
energy efficiency, building materials containing toxins such as
known carcinogens could pose potentially greater risks to
occupants than is the case in older, less tight structures. At
the same time, a host of new, innovative building materials
that are healthier than ordinary materials from an indoor air
quality perspective are reaching the market. From building
insulation using water-based binders to zero emission paints,
GSA has the opportunity to improve indoor air quality in new
buildings while at the same time enhancing energy efficiency.
Thus, the Committee intends that the Federal government should
be a leader in the adoption of technologies that promote
healthier buildings and directs that, whenever possible, GSA
employ building materials free of toxins and known human
carcinogens in the construction of Federal high-performance
green buildings.
Section 106. Budget and life-cycle costing and contracting
This section requires the Director to identify, review, and
analyze current budget and contracting practices for building a
high-performance green building, to develop guidance and
conduct training sessions on life-cycle costing, to identify
tools to aid in life-cycle cost decision making, and to explore
the feasibility for including the benefits of green buildings,
such as security benefits, into life-cycle cost decision
making.
Section 107. Authorization of appropriations
This section authorizes $4,000,000 for each of fiscal years
2008 through 2012, to remain available until expended.
TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS
Section 201. Definition of high-performance school
This section defines a healthy high-performing school.
Section 202. Grants for healthy school environments
This section authorizes the Administrator of EPA, in
consultation with the Secretary of Education, to provide grants
to qualified State agencies to provide technical assistance in
implementing EPA school environmental programs such as the
Tools for Schools Program and the Healthy School Environmental
Assessment Tool. The grant money may also be used to develop
State school environmental quality plans that include standards
for school building design, construction and renovation that
would achieve a healthy high-performing school and plans that
would identify ongoing environmental problems in the school and
include recommendations on how to address these problems that
would also include an assessment of information on the exposure
of children to environmental hazards in school facilities.
The Committee intends that such grants may also be made
available to tribes.
Section 203. Model guidelines for siting of school facilities
This section directs the Administrator of EPA, in
consultation with the Secretaries of Education and Health and
Human Services to develop voluntary school site selection
guidelines that take into account the special vulnerability of
children to hazardous substances or pollution exposures in any
case where possible contamination would exist, modes of
transportation available to students and staff, the efficient
use of energy, and the potential use of the school facility as
an emergency shelter in the event of a natural disaster or
other national emergency.
Section 204. Public outreach
This section requires the EPA Administrator to report to
the Director on all activities carried out under this Title.
The Director is required to make this information available on
the clearinghouse established in section 104 to the maximum
extent practicable, in particular, information on the exposure
of children to environmental hazards in school facilities.
Section 205. Environmental health program
This section requires the Administrator of EPA to issue
voluntary guidelines for use by the states in developing and
implementing environmental health programs for schools.
Subsection (a) requires the EPA Administrator, in
consultation with the Secretary of Education, the Secretary of
Health and Human Services, and other relevant agencies, to
issue these guidelines for use by the State in developing and
implementing an environmental health program for schools. The
guidelines are to take into account the findings of the
research initiatives under the act and other relevant federal
laws, including updates on trends in the field such as the
impact of school facility environments on student and staff
health, safety, and productivity, and disabilities or special
needs. The guidelines are to provide research using relevant
tools noted under section 105(a) to quantify the relationships
between human health, occupant productivity, and student
performance. The guidelines also are to take into account
pollutant emissions from materials and products, natural day
lighting, ventilation choices and technologies, as well as
heating and cooling choices and technologies. In addition, they
are to evaluate moisture control and mold, maintenance,
cleaning, and pest control activities, acoustics, and other
issues relating to the health, comfort, productivity, and
performance of occupants of the school facilities.
The guidelines also are to provide technical assistance on
siting, design, management, and operation of school facilities,
including facilities used by students with disabilities or
special needs. EPA's guidelines must collaborate with federally
funded pediatric environmental health centers to assist in on-
site school environmental investigations assists States and the
public in better understanding and improving the environmental
health of children, and provides to the Office a biennial
report of all activities carried out under this title, which
the Director shall include in the report described in section
102(c).
Subsection (b) requires the Director to ensure, to the
maximum extent practicable, that the public clearinghouse
established under section 104 receives and makes available
information from EPA that is contained in the report described
in subsection (a)(6). The clearinghouse also is to include
information on the exposure of children to environmental
hazards in school facilities, as provided by EPA.
Section 206. Authorization of appropriations
This section authorizes $10,000,000 for the period of
fiscal years 2008 through 2012, to remain available until
expended.
TITLE III--STRENGTHENING FEDERAL LEADERSHIP
Section 301. Incentives
This section requires that the Director identify incentives
to encourage the use of green buildings and related
technologies in the operations of the Federal Government that
would include recognition awards and the ability of an agency
to keep any financial savings they accrue by utilizing green
building initiatives.
Section 302. Federal procurement
This section requires that regulations be issued requiring
that to the maximum extent practicable, all Federal building
projects for new construction, major repair and renovation be
sustainable and that leases be in facilities that are both
energy efficient and constructed or repaired with high-
performing and sustainable design. In addition, guidance shall
also be issued to aid in the redesign of proposed facilities.
Subsection (a) directs the Director of the Office of
Federal Procurement Policy, in consultation with the Director
of the Office of High-Performance Green Buildings and the Under
Secretary of Defense for Acquisition, Technology and Logistics,
within two years of enactment, to revise applicable regulations
directing Federal procurement executives to apply, to the
maximum extent practicable, the key principles of the
Memorandum of Understanding signed by 19 Federal agencies in
January of 2006 to every Federal project for new construction,
major repair and renovation. These principles of integrated
design, optimizing building and systems energy performance,
protecting and conserving water, enhancing indoor environmental
quality, and reducing environmental impacts of materials and
waste flows will assist the Federal government in utilizing
more high-performing green buildings.
The regulations shall also be revised to give preference,
to the maximum extent practicable, to the leasing of facilities
that are energy efficient and have applied high-performance and
sustainable design principles during construction and
renovation.
Subsection (b) requires that 90 days after the regulations
have been revised, guidance be issued by the Director of the
Office of Federal Procurement Policy providing direction and
the option to renegotiate the design of proposed facilities to
incorporate improvements consistent with this section.
Section 303. Federal Green Building performance
This section requires that a General Accountability Office
(GAO) report be issued on the implementation of this Act and
its initiatives and provides for specific requirements of the
report. In addition, authorization is given for the Director to
enhance and expand the existing scorecard system currently used
to rate agency performance in green initiatives.
Subsection (a) requires that by October 31 of each of the
two fiscal years following the fiscal year of enactment, and
thereafter as the Comptroller General of the United States
determines is appropriate, GAO shall conduct an audit on the
implementation of this Act and submit a report on its findings
to the Office, the Committee, the Administrator and Congress.
Subsection (b) outlines that the report shall include an
assessment of budget, life-cycle costing and contracting
issues, the level of coordination among the Office, OMB and
relevant agencies, the performance of the Office in carrying
out the implementation plan, the design stage of high-
performance green building measures and findings associated
with high-performance green building data that has been
collected and reported to the office, as well as other issues
the Comptroller deems appropriate.
Subsection (c) requires that the Director consult with the
Advisory Committee on how best to enhance and implement the
existing Environmental Stewardship Scorecard system to measure
the performance of each Federal agency in implementing
sustainable design and green building initiatives.
Section 304. Stormwater runoff requirements for Federal development
projects
This section, added during the Committee markup as an
amendment offered by Senator Cardin that was technically
corrected by an amendment offered by Senator Inhofe, requires
that the sponsor of any development or redevelopment project
involving a federal facility with a footprint of greater than
5,000 square feet shall use planning, design, construction, and
maintenance strategies that maintain, to the maximum extent
technically feasible, the predevelopment hydrology of the
property with regard to temperature, rate, volume, and duration
of water flow.
TITLE IV--DEMONSTRATION PROJECT
Section 401. Coordination of goals
This section establishes guidelines for implementing three
federal demonstration projects to contribute to the research
and goals of the Office.
Subsection (a) authorizes the Director to establish a
demonstration project.
Subsection (b) provides for three demonstration projects of
green building initiatives covered under the Act and requires
that the facility achieve the highest available rating under
the standard identified pursuant to section 102(d).
Subsection (c) outlines the criteria of the Federal
demonstration project to ensure that the project be an
appropriate model on the effectiveness of high-performing green
building technologies, to provide an analysis of materials,
components and systems used in the building on occupant health
and productivity, to analyze life-cycle costing and life-cycle
assessment of materials and systems, to provide a location and
design that promotes access to the facility through walking,
hiking, and mass transit, and that possesses sufficient
technological and organizational adaptability.
Subsection (d) requires that a report be provided to the
Administrator one year after enactment, and annually thereafter
through September 30, 2013, on the current status and findings
of the demonstration project.
Section 402. Authorization of appropriations
This section authorizes $10,000,000 for the period of
fiscal years 2008-2012, to remain available until expended.
LEGISLATIVE HISTORY
S. 506 was introduced on February 6, 2007 by Senator
Lautenberg, with Senators Snowe and Boxer as original
cosponsors. Additional cosponsors include Senators Clinton,
Lieberman, Sanders, Cardin, Menendez, Kerry, Klobuchar,
Whitehouse, Feinstein, Lugar, and Dodd. S. 506 was referred to
the Committee on Environment and Public Works, and was ordered
reported favorably out of the Committee with a Lautenberg-
Warner-Boxer amendment in the nature of a substitute and other
amendments on June 6, 2007.
In the 109th Congress, a similar bill, S. 3591, was
introduced by Senator Jeffords on June 28, 2006, with Ms.
Snowe, Mr. Lautenberg, Mr. Chafee, Mrs. Boxer, Mrs. Feinstein,
Mrs. Clinton, Mr. Lieberman, and Mr. Obama as original
cosponsors. Additional cosponsors included Mr. Wyden, Mr.
Menendez, and Mr. Bingaman. S. 3591 was referred to the
Committee on Environment and Public Works and ordered reported
favorably out of Committee with an amendment in the nature of a
substitute on September 13, 2006. It was not considered by the
full Senate.
In the 108th Congress, a similar bill, S. 2620, was
introduced by Senator Jeffords and referred to the Committee on
Environment and Public Works.
HEARINGS
On May 15, 2007, the Environment and Public Works Committee
held a hearing entitled, ``Green Buildings: Benefits to Health,
the Environment, and the Bottom Line.'' Testifying at the
hearing were Robert F. Fox, of Fox and Cook, Architects; Peter
Templeton, Vice President of Education and Research, U.S. Green
Building Council; Claire Barnett, Executive Director, Healthy
Schools Network; Ray Tonjes, Chairman of the National
Association of Home Builders Green Building Subcommittee, and
of Ray Tonjes Builder, Inc.; and Ward Hubbell, President, Green
Building initiative.
A public hearing was held by the Senate Committee on
Environment and Public Works on October 1, 2002, entitled,
``Green Schools: Environmental Standards for Schools.''
ROLLCALL VOTES
The High Performance Green Buildings Act of 2007 (S. 506,
Lautenberg-Warner-Boxer substitute amendment) passed by roll
call vote on June 6, 2007, 14-4 (For: Alexander, Baucus, Bond,
Cardin, Carper, Clinton, Klobuchar, Lautenberg, Lieberman,
Sanders, Voinovich, Warner, Whitehouse, and Boxer. Against:
Craig, Inhofe, Isakson, and Vitter). The Cardin-Klobuchar-
Whitehouse Amendment (regarding runoff control) passed by voice
vote, perfected by an Inhofe second degree technical amendment,
which also passed by voice vote. The Inhofe-Vitter-Craig
Amendment (allowing GSA to select multiple green building
rating systems instead of one standard) was defeated 7-11 (For:
Alexander, Bond, Craig, Inhofe, Isakson, Vitter, and Voinovich.
Against: Baucus, Cardin, Carper, Clinton, Klobuchar,
Lautenberg, Lieberman, Sanders, Warner, Whitehouse, Boxer).
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), the Committee finds that S. 506 would impose
no Federal intergovernmental unfunded mandates on State, local,
or tribal governments.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Summary: S. 506 would authorize the appropriation of $40
million over the 2008-2012 period to make federal buildings
more energy efficient, develop technologies that minimize
adverse effects on the natural environment through structures
known as ``green buildings,'' and provide environmental grants
to schools. Assuming appropriation of the authorized amounts,
CBO estimates that implementing S. 506 would cost $7 million in
2008 and $39 million over the 2008-2012 period. Enacting the
bill would not affect direct spending or revenues.
S. 506 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would benefit state and local governments, and any
costs they might incur would result from complying with
conditions of federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 506 is shown in the following table. The
costs of this legislation fall within budget functions 300
(natural resources and environment) and 800 (general
government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Office of High-Performance Green Buildings:
Authorization Level............................................ 4 4 4 4 4
Estimated Outlays.............................................. 4 4 4 4 4
Healthy High-Performance Schools:
Estimated Authorization Level.................................. 2 2 2 2 2
Estimated Outlays.............................................. 2 2 2 2 2
Demonstration Project:
Estimated Authorization Level.................................. 2 2 2 2 2
Estimated Outlays.............................................. 2 2 2 2 2
Total Changes:
Estimated Authorization Level.............................. 8 8 8 8 8
Estimated Outlays.......................................... 7 8 8 8 8
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
506 will be enacted near the start of fiscal year 2008 and that
amounts authorized will be appropriated beginning in 2008.
Estimates of outlays are based on historical spending patterns
for similar programs. S. 506 would authorize the appropriation
of $40 million over the 2008-2012 period. Those amounts would
be used to make federal buildings more energy efficient,
develop green buildings, and provide environmental grants to
schools.
Office of High-Performance Green Buildings
Title I would authorize the appropriation of $4 million
annually over the 2008-2012 period to establish an Office of
High-Performance Green Buildings within the General Services
Administration to coordinate and promote green building
technologies within the federal government. The office would
identify green building standards, conduct research, outreach
programs, and coordinate budget and procurement issues.
Assuming appropriation of the authorized amounts, CBO estimates
that the office activities would cost about $20 million over
the 2008-2012 period.
Healthy High-Performance Schools
Title II would authorize the appropriation of $10 million
over the 2008-2012 period for the Environmental Protection
Agency (EPA) to award grants to states to assist schools in
addressing environmental issues. In addition, the EPA would be
required to develop voluntary guidelines for environmental
hazards in schools. CBO expects that $2 million would be
provided each year over the 2008-2012 period. Appropriation of
the authorized amount in such increments would result in
discretionary spending of $10 million over the five-year
period.
Demonstration Project
Title IV would authorize the appropriation of $10 million
over the 2008-2012 period to the Office of High-Performance
Green Buildings to fund three demonstration projects at
existing or proposed federal buildings for use as research
tools for green building technologies. CBO expects that $2
million would be provided each year over the 2008-2012 period.
Assuming appropriation of the authorized amount in such
increments, CBO estimates that the projects would cost $10
million over the five-year period.
Intergovernmental and private-sector impact: S. 506
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would authorize the appropriation of
$10 million in grants to build environmentally friendly schools
and to remedy environmental problems at current schools. Any
costs to state, local, or tribal governments would result from
complying with conditions of federal assistance.
Estimate prepared by: Federal costs: Matthew Pickford and
Susanne S. Mehlman; Impact on state, local, and tribal
governments: Elizabeth Cove; Impact on the private sector:
Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.