[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 121 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 121
To improve efficiency in the Federal Government through the use of
high-performance green buildings, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Doyle (for himself and Mrs. Bono) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Oversight and Government Reform, Science
and Technology, and Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve efficiency in the Federal Government through the use of
high-performance green buildings, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``High-Performance
Green Buildings Act of 2007''.
(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--STRENGTHENING FEDERAL LEADERSHIP
Sec. 201. Incentives.
Sec. 202. Federal procurement.
Sec. 203. Federal green building performance.
TITLE III--DEMONSTRATION PROJECT
Sec. 301. Coordination of goals.
Sec. 302. Authorization of appropriations.
SEC. 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 that, during its
life-cycle--
(A) reduces energy, water, and material resource
use;
(B) improves indoor environmental quality
including, reducing indoor pollution, improving thermal
comfort, and improving lighting and acoustic
environments that affect occupant health and
productivity;
(C) reduces negative impacts on the environment
throughout the life-cycle of the building, including
air and water pollution and waste generation;
(D) increases the use of environmentally preferable
products, including biobased, recycled content, and
nontoxic products with lower life-cycle impacts;
(E) increases reuse and recycling opportunities;
(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of
transportation through building location and site
design that support a full range of transportation
choices for users of the building; and
(H) considers indoor and outdoor effects of the
building on human health and the environment,
including--
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building
materials and operations; and
(iii) other factors that the Office
considers to be appropriate.
(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).
TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS
SEC. 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.
SEC. 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 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 Federal 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); 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 require 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 for future high-performance green
building initiatives; 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).
SEC. 103. GREEN BUILDING ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Director shall establish a committee to be
known as the ``Green Building Advisory Committee''.
(b) Membership.--The Committee shall be composed of representatives
of, at a minimum--
(1) each agency referred to in section 102(b)(1); and
(2) other relevant entities, as determined by the Director,
including at least 1 representative of each of the following:
(A) State and local governmental green building
programs.
(B) Independent green building associations or
councils.
(C) Building experts, including architects,
material suppliers, and construction contractors.
(D) Security advisors focusing on national security
needs, natural disasters, and other dire emergency
situations.
(E) Children and adult environmental health
experts.
(c) Meetings.--The Director shall establish a regular schedule of
meetings for the Committee, which shall convene a minimum of 6 times
each year.
(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 the
Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 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 the 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) international organizations;
(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, particularly
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.
SEC. 105. RESEARCH AND DEVELOPMENT.
(a) Establishment.--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 health, occupant
productivity, and each of--
(i) pollutant 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.
(b) Indoor Air Quality.--The Director, in consultation with the
Committee, shall develop and implement a comprehensive indoor air
quality program for all Federal facilities to ensure the safety of
Federal workers and facility occupants--
(1) during new construction and renovation of facilities;
and
(2) in existing facilities.
SEC. 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.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$4,000,000 for each of fiscal years 2008 through 2013, to remain
available until expended.
TITLE II--STRENGTHENING FEDERAL LEADERSHIP
SEC. 201. 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 for use in reinvesting
in future green building initiatives.
SEC. 202. 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--
(A) to employ integrated design principles;
(B) to improve site selection for environmental and
community benefits;
(C) to optimize building and systems energy
performance;
(D) to protect and conserve water;
(E) to enhance indoor environmental quality; and
(F) 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--
(A) are energy-efficient; and
(B) to the maximum extent practicable, 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 instructions to renegotiate the design of
proposed facilities, renovations for existing facilities, and leased
facilities to incorporate improvements that are consistent with this
section.
SEC. 203. 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) Consultation.--The Director shall consult with the Committee to
enhance and assist 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.
TITLE III--DEMONSTRATION PROJECT
SEC. 301. 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--
(1) for each of fiscal years 2009 through 2014, 1
demonstration project in a Federal building selected by the
Director in accordance with relevant agencies and described in
subsection (c)(1), that--
(A) provides for the evaluation of the information
obtained through the conduct of projects and activities
under this Act; and
(B) 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 equivalent rating); and
(2) no fewer than 4 demonstration projects at 4
universities, that, as competitively selected by the Director
in accordance with subsection (c)(2), have--
(A) appropriate research resources and relevant
projects to meet the goals of the demonstration project
established by the Office; and
(B) the ability--
(i) to serve as a model for high-
performance green building initiatives,
including research and education;
(ii) to identify the most effective ways to
use high-performance green building and
landscape technologies to engage and educate
undergraduate and graduate students;
(iii) to effectively implement a high-
performance green building education program
for students and occupants;
(iv) to demonstrate the effectiveness of
various high-performance technologies in each
of the 4 climatic regions of the United States
described in subsection (c)(2)(B); and
(v) to explore quantifiable and
nonquantifiable beneficial impacts on public
health and employee and student performance.
(c) Criteria.--
(1) Federal facilities.--With respect to the existing or
proposed Federal facility at which a demonstration project
under this section is conducted, the Federal facility shall--
(A) be an appropriate model for a project relating
to--
(i) the effectiveness of high-performance
technologies;
(ii) analysis of materials, components,
systems, and emergency operations in the
building, and the impact of those materials,
components, and systems, including the impact
on the health of building occupants;
(iii) life-cycle costing and life-cycle
assessment of building materials and systems;
and
(iv) location and design that promote
access to the Federal facility through walking,
biking, and mass transit; and
(B) possess sufficient technological and
organizational adaptability.
(2) Universities.--With respect to the 4 universities at
which a demonstration project under this section is conducted--
(A) the universities should be selected, after
careful review of all applications received containing
the required information, as determined by the
Director, based on--
(i) successful and established public-
private research and development partnerships;
(ii) demonstrated capabilities to construct
or renovate buildings that meet high indoor
environmental quality standards;
(iii) organizational flexibility;
(iv) technological adaptability;
(v) the demonstrated capacity of at least 1
university to replicate lessons learned among
nearby or sister universities, preferably by
participation in groups or consortia that
promote sustainability;
(vi) the demonstrated capacity of at least
1 university to have officially-adopted,
institution-wide ``green building'' guidelines
for all campus building projects; and
(vii) the demonstrated capacity of at least
1 university to have been recognized by similar
institutions as a national leader in
sustainability education and curriculum for
students of the university; and
(B) each university shall be located in a different
climatic region of the United States, each of which
regions shall have, as determined by the Office--
(i) a hot, dry climate;
(ii) a hot, humid climate;
(iii) a cold climate; or
(iv) a temperate climate (including a
climate with cold winters and humid summers).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter through September 30, 2014--
(1) the Director shall submit to the Administrator a report
that describes the status of the demonstration projects; and
(2) each University at which a demonstration project under
this section is conducted shall submit to the Administrator a
report that describes the status of the demonstration projects
under this section.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
(a) Federal Demonstration Project.--There is authorized to be
appropriated to carry out the Federal demonstration project described
in section 301(b)(1) $10,000,000 for the period of fiscal years 2009
through 2014, to remain available until expended.
(b) University Demonstration Projects.--There is authorized to be
appropriated to carry out the university demonstration projects
described in section 301(b)(2) $10,000,000 for the period of fiscal
years 2009 through 2014, to remain available until expended.
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