[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 489 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 489

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2007

  Mr. Warner introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To improve efficiency in the Federal Government through the use of 
                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 ``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 GREEN BUILDINGS

Sec. 101. Oversight.
Sec. 102. Office of 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 green building performance.
                    TITLE IV--DEMONSTRATION PROJECT

Sec. 401. Coordination of goals.
Sec. 402. 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.--The term ``Federal facility'' means 
        any building or facility the intended use of which requires the 
        building or facility to be--
                    (A) accessible to the public;
                    (B) constructed or altered by or on behalf of the 
                United States; and
                    (C) owned or leased by the Federal Government.
            (5) Green building.--The term ``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, reducing indoor air pollution, 
                        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 
        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 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 Green 
        Buildings established under section 102(a).

                   TITLE I--OFFICE OF 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 GREEN BUILDINGS.

    (a) Establishment.--The Director shall establish within the General 
Services Administration an Office of Green Buildings.
    (b) Duties.--The Director shall--
            (1) ensure full coordination of 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; 
                and
                    (F) 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 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 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 
        green buildings as measured by a standard to be determined by 
        the Office;
            (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 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 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) energy efficiency experts from 
                        commercial industry, research, or academic 
                        backgrounds;
                            (v) security advisors focusing on national 
                        security needs, natural disasters, and other 
                        dire emergency situations; and
                            (vi) 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 10.
    (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.).

SEC. 104. PUBLIC OUTREACH.

    The Director 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 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 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 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 green buildings, including tools available to 
        conduct life-cycle costing and life-cycle assessment;
            (4) providing information on application processes for 
        certifying a 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 green buildings; and
            (6) using such other methods as are determined by the 
        Director to be appropriate.

SEC. 105. RESEARCH AND DEVELOPMENT.

    The Director shall--
            (1)(A) survey existing research and studies relating to 
        green buildings; and
            (B) coordinate activities of common interest;
            (2) develop and recommend a 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 
                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 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.

SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND CONTRACTING.

    (a) Establishment.--The Director shall--
            (1) identify, review, and analyze current budget and 
        contracting practices that affect achievement of 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 2012, to remain 
available until expended.

               TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS

SEC. 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).

SEC. 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.

SEC. 203. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.

    The Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Education, the Secretary of Energy, 
the Secretary of Transportation, and the Secretary of Health and Human 
Services, shall develop voluntary school site selection guidelines that 
account for--
            (1) efficient use of energy;
            (2) 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;
            (3) modes of transportation available to students and 
        staff; and
            (4) the potential use of a school at the site as an 
        emergency shelter.

SEC. 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.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$10,000,000 for the period of fiscal years 2008 through 2012, to remain 
available until expended.

              TITLE III--STRENGTHENING FEDERAL LEADERSHIP

SEC. 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.

SEC. 302. 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 green building measures;
            (5) green 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.

                    TITLE IV--DEMONSTRATION PROJECT

SEC. 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--
            (1) for each of fiscal years 2008 through 2013, 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 minimum standard to be determined by 
                the Office; 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 green building 
                        initiatives, including research and education;
                            (ii) to identify the most effective ways to 
                        use green building and landscape technologies 
                        to engage and educate undergraduate and 
                        graduate students;
                            (iii) to effectively implement a green 
                        building education program for students and 
                        occupants;
                            (iv) to demonstrate the effectiveness of 
                        various green building 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 ecodesign, green design, or 
                        environmental design 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, 2013--
            (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. 402. AUTHORIZATION OF APPROPRIATIONS.

    (a) Federal Demonstration Project.--There is authorized to be 
appropriated to carry out the Federal demonstration project described 
in section 401(b)(1) $10,000,000 for the period of fiscal years 2008 
through 2013, 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 401(b)(2) $10,000,000 for the period of fiscal 
years 2008 through 2013, to remain available until expended.
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