[Congressional Record Volume 153, Number 63 (Thursday, April 19, 2007)]
[Senate]
[Pages S4756-S4757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN:
  S. 115. A bill to require Federal buildings to be designed, 
constructed, and certified to meet, at a minimum, the Leadership in 
Energy and Environmental Design green building rating standard 
identified as silver by the United States Green Building Council, and 
for other purposes; to the Committee on Environment and Public Works.
  Mr. CARDIN. Mr. President, we need to make this country energy 
independent, and to enact a comprehensive, long-term energy policy that 
will give Americans the energy they need, while protecting our 
environment and our national security.
  As one step in this direction, today I am introducing the American 
Green Building Act.

[[Page S4757]]

  Our Federal Government is the largest single energy consumer in the 
world.
  Buildings account for over a third of America's energy consumption. 
Buildings also account for 49 percent of sulfur dioxide emissions, 25 
percent of nitrous oxide emissions, and 10 percent of particulate 
emissions, all of which damage our air quality. Buildings produce 38 
percent of the country's carbon dioxide emissions--the chief pollutant 
blamed for global warming.
  Federal buildings are a large part of this problem.
  Energy used in Federal buildings in fiscal year 2002 accounted for 38 
percent of the total Federal energy bill. Total Federal buildings and 
facilities energy expenditures in fiscal year 2002 were $3.73 billion.
  The American Green Building Act would require all new Federal 
buildings to live up to green building LEED, Leadership and Energy in 
Environmental Design, Silver standards, set by the United States Green 
Building Council. These standards were created to promote sustainable 
site development, water savings, energy efficiency, materials 
selection, and indoor environmental quality. The average LEED-certified 
building uses 32 percent less electricity, 26 percent less natural gas 
and 36 percent less total energy. LEED-certified buildings in the U.S. 
are in aggregate saving 150,000 metric tons of carbon dioxide 
reduction, equivalent to 30,000 passenger cars not driven for one year. 
A single LEED-certified building is designed to save an average of 352 
metric tons of carbon dioxide emissions annually, which is equivalent 
to 70 passenger cars not driven for one year. This standard would only 
apply to Federal buildings for which the design phase for construction 
or major renovation is begun after the date of enactment of the 
provision. The General Services Administration or relevant agency may 
waive this requirement for a building if it finds that the requirement 
cannot be met because of the quantity of energy required to carry out 
the building's purpose or because the building is used to carry out an 
activity relating to national security.
  My bill will also require that significant new development or 
redevelopment projects undertaken by the Federal Government plan for 
storm water runoff. The hardened surfaces of modern life, such as 
roofs, parking lots, and paved streets, prevent rainfall from 
infiltrating the soil. Over 100 million acres of land have been 
developed in the United States. Development is increasing faster than 
population: Population growth in the Chesapeake Watershed, for example, 
increased by 8 percent during the 1990s, but the rate of impervious 
surface increased by 42 percent. Development not only leads to 
landscape changes but also to contamination of storm water runoff by 
pollutants throughout the watershed. Storm water runoff can carry 
pollutants to our streams, rivers, and oceans, and poses a significant 
problem for the Chesapeake Bay. Every other pollution source in the 
Chesapeake is decreasing, but pollution from storm water runoff is 
increasing. In urbanized areas, increased storm water runoff can cause 
increased flooding, stream bank erosion, degradation of in-stream 
habitat and a reduction in groundwater quality. For these reasons, as 
the Federal Government moves forward with development, we need to plan 
for how to manage storm water runoff. The storm water provisions in the 
American Green Building Act will be used to intercept precipitation and 
allow it to infiltrate rather than being collected on and conveyed from 
impervious surfaces.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1165

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Green Building Act 
     of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) LEED silver standard.--The term ``LEED silver 
     standard'' means the Leadership in Energy and Environmental 
     Design green building rating standard identified as silver by 
     the United States Green Building Council.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 3. GREEN BUILDING STANDARDS FOR FEDERAL BUILDINGS.

       (a) Requirement.--Except as provided in subsection (b), a 
     Federal building for which the design phase for construction 
     or major renovation is begun after the date of enactment of 
     this Act shall be designed, constructed, and certified to 
     meet, at a minimum, the LEED silver standard.
       (b) Determination of Impracticability.--
       (1) In general.--Subject to paragraph (3)(B), the 
     requirement under subsection (a) shall not apply to a Federal 
     building if the head of the Federal agency with jurisdiction 
     over the Federal building, in accordance with the factors 
     described in paragraph (2), determines that compliance with 
     the requirement under subsection (a) would be impracticable.
       (2) Factors for determination.--In determining whether 
     compliance with the requirement under subsection (a) would be 
     impracticable, the head of the Federal agency with 
     jurisdiction over the Federal building shall determine--
       (A) the quantity of energy required by each activity 
     carried out in the Federal building; and
       (B) whether the Federal building is used to carry out an 
     activity relating to national security.
       (3) Report.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the head of 
     each Federal agency shall prepare and submit to the Secretary 
     a report that includes a description of each Federal building 
     for which the head of the Agency with jurisdiction over the 
     Federal building determined that compliance with the 
     requirement under subsection (a) would be impracticable.
       (B) Review by secretary.--Not later than 90 days after the 
     date on which the Secretary receives a report from a head of 
     a Federal agency under subparagraph (A), the Secretary shall 
     review the report and notify the head of the Federal agency 
     on whether any Federal building described in the report 
     submitted by the head of the Federal agency shall be required 
     to comply with the requirement under subsection (a).
       (4) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this subsection.
       (c) Study.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     the results of a study comparing--
       (A) the expected energy savings resulting from the 
     implementation of this section; with
       (B) energy savings under all other Federal energy savings 
     requirements.
       (2) Inclusion.--The Secretary shall include in the report 
     any recommendations for changes to Federal law necessary to 
     reduce or eliminate duplicative or inconsistent Federal 
     energy savings requirements.

     SEC. 4. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL 
                   DEVELOPMENT PROJECTS.

       The sponsor of any development or redevelopment project 
     involving property with a footprint that exceeds 5,000 square 
     feet and that is federally-owned or federally-financed shall 
     use site planning, design, construction, and maintenance 
     strategies for the property to maintain, to the maximum 
     extent technically feasible, predevelopment hydrology with 
     regard to the temperature, rate, volume, and duration of 
     flow.
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