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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, ERICKSON, WILLIAMS, FERLO, EARLL, BROWNE, PIPPY, LEACH, ALLOWAY, FARNESE, YAW AND BOSCOLA, APRIL 17, 2009 |
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| REFERRED TO STATE GOVERNMENT, APRIL 17, 2009 |
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| AN ACT |
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1 | Providing for the reduction of energy use in State buildings, |
2 | for energy efficiency and the State motor vehicle fleet and |
3 | for other energy efficiency and procurement; establishing the |
4 | Interagency Task Force on Energy and providing for its powers |
5 | and duties; and providing for recognition of efforts to |
6 | improve State energy efficiency and for reporting. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Short title. |
10 | This act shall be known and may be cited as the Energy |
11 | Efficiency in State Government Buildings Act. |
12 | Section 2. Purpose. |
13 | The General Assembly declares the purposes of this act as |
14 | follows: |
15 | (1) The Commonwealth should lead by example in adopting, |
16 | implementing and promoting energy efficiency and in using |
17 | renewable, locally produced biofuels and bioenergy. |
18 | (2) The Commonwealth is a large business enterprise and |
19 | a substantial consumer of energy, including transportation |
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1 | fuels, natural gas and electricity. The expense of this |
2 | energy represents a substantial operating cost for State |
3 | government. |
4 | (3) The increased investment in energy conservation |
5 | technologies, alternative transportation fuels and |
6 | technologies and clean energy technologies by the |
7 | Commonwealth will result in lower operating costs for State |
8 | government which will result in savings for all Pennsylvania |
9 | taxpayers. |
10 | Section 3. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Commonwealth agency." An executive agency, an independent |
15 | agency, a State-affiliated entity or a State-related institution |
16 | as defined by 62 Pa.C.S. § 103 (relating to definitions). The |
17 | term also includes the unified judicial system and its officers |
18 | and agencies. |
19 | "Department." The Department of General Services of the |
20 | Commonwealth. |
21 | "Energy conservation measure." A program or facility |
22 | alteration designed to reduce energy consumption or operating |
23 | costs. This term includes, but is not limited to: |
24 | (1) Insulation of building structure or systems within a |
25 | building. |
26 | (2) Storm windows or doors, caulking or weather |
27 | stripping, multiglazed windows or doors, heat-absorbing or |
28 | heat-reflective glazed and coated window or door systems, |
29 | additional glazing, reductions in glass area or other window |
30 | and door system modifications that reduce energy consumption. |
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1 | (3) Automated or computerized energy control systems. |
2 | (4) Heating, ventilating or air conditioning system |
3 | modifications or replacements. |
4 | (5) Replacement or modification of lighting fixtures to |
5 | increase the energy efficiency of a lighting system without |
6 | increasing the overall illumination of a facility, unless an |
7 | increase in illumination is necessary to conform to |
8 | applicable State or local building codes for the lighting |
9 | system after the proposed modifications are made. |
10 | (6) Energy recovery systems. |
11 | (7) Systems that produce steam or forms of energy, such |
12 | as heat or electricity, for use within a building or complex |
13 | of buildings. |
14 | (8) Energy conservation measures that provide operating |
15 | cost reductions based on life-cycle cost analysis. |
16 | (9) A training program or facility alteration that |
17 | reduces energy consumption or reduces operating costs, |
18 | including allowable costs, based on future reductions in |
19 | labor costs or costs for contracted services. |
20 | (10) A facility alteration that includes expenditures |
21 | required to properly implement other energy conservation |
22 | measures. |
23 | (11) A program to reduce energy costs through rate |
24 | adjustments, load shifting to reduce peak demand or use of |
25 | alternative energy suppliers, such as, but not limited to: |
26 | (i) Changes to more favorable rate schedules. |
27 | (ii) Negotiation of lower rates, same supplier or |
28 | new suppliers, where applicable. |
29 | (iii) Auditing of energy service billing and meters. |
30 | (12) The installation of energy information and control |
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1 | systems that monitor consumption, redirect systems to optimal |
2 | energy sources and manage energy-using equipment. |
3 | (13) Indoor air quality improvements. |
4 | (14) Daylighting systems. |
5 | (15) Renewable or onsite distributed power generation |
6 | systems. |
7 | "Energy profile." A document showing the types and rates of |
8 | energy consumed and the amount of dollars expended for energy |
9 | consumption in a State building. |
10 | "Energy Star." The voluntary partnership among the |
11 | Department of Energy, the Environmental Protection Agency, |
12 | product manufacturers, local utilities and retailers to help |
13 | promote energy-efficient products by labeling with the Energy |
14 | Star logo, to educate consumers about the benefits of energy |
15 | efficiency and to promote energy efficiency in buildings by |
16 | benchmarking and rating energy performance. |
17 | "Governmental unit." A department or agency under the |
18 | jurisdiction of the Governor of the Commonwealth. |
19 | "Secretary." The Secretary of General Services of the |
20 | Commonwealth. |
21 | "State building." A structure occupied by an executive |
22 | agency, an independent agency, a State-affiliated entity or a |
23 | State-related institution as defined by 62 Pa.C.S. § 103 |
24 | (relating to definitions). The term also includes the unified |
25 | judicial system and its officers and agencies. |
26 | "Task force." The Interagency Task Force on Energy |
27 | established under section 7. |
28 | Section 4. Reducing energy use in State buildings. |
29 | (a) Department to establish energy efficiency savings |
30 | target.--The department shall establish an energy efficiency |
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1 | savings target for all State buildings managed by the department |
2 | or another department or agency within the executive branch. The |
3 | target shall be to attain a 20% reduction in energy use in all |
4 | State buildings by December 31, 2011, and 30% by 2015 when |
5 | compared to energy use and energy purchases for the fiscal year |
6 | ending June 30, 2006. |
7 | (b) Establishment of energy efficiency programs.--The |
8 | department shall establish programs to enhance the energy |
9 | efficiency of existing facilities. These shall include, but may |
10 | not be limited to: |
11 | (1) A program for an energy analysis of each State |
12 | building identifying opportunities for reduced energy use, |
13 | the cost and associated savings for each, including a |
14 | completion schedule for the energy analysis program. |
15 | (2) A program to perform regular maintenance on all |
16 | lighting, heating, ventilation and air conditioning systems, |
17 | including, but not limited to, lubricating, balancing, |
18 | aligning, vacuuming, cleaning and checking seals to ensure |
19 | optimum efficiency. |
20 | (3) A program to evaluate the feasibility of converting |
21 | to more energy-efficient lighting systems, including goals |
22 | for making cost-effective lighting efficiency improvements |
23 | that reduce electricity costs and maintain illumination |
24 | quality. |
25 | (4) Policies and procedures to identify and eliminate |
26 | air infiltration and improve thermal insulation in building |
27 | exteriors, such as walls, windows, doors, ceilings and |
28 | floors. |
29 | (5) Policies and procedures to reduce unnecessary use of |
30 | lighting, heating, ventilation and air conditioning systems |
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1 | and to control thermostats to maximize energy savings while |
2 | also providing occupant comfort. |
3 | (6) Policies and procedures to maintain, monitor and |
4 | control systems that use water to reduce waste. |
5 | (7) A program to track the energy use within |
6 | Commonwealth-owned facilities and to establish energy |
7 | profiles of these facilities, which may include, but not be |
8 | limited to: |
9 | (i) The source of heating fuel, including the type |
10 | of fuel. |
11 | (ii) The size of the building as measured in square |
12 | feet. |
13 | (iii) The total expenditures per month for |
14 | electricity and heating fuel. |
15 | Section 5. Energy efficiency and the State motor vehicle fleet. |
16 | In managing the Commonwealth's fleet of motor vehicles, the |
17 | department shall: |
18 | (1) Ensure compliance with the requirements of the |
19 | Federal Energy Policy Act of 1992 (Public Law 102-486, 42 |
20 | U.S.C. § 13201 et seq.) by acquiring alternative fuel |
21 | vehicles capable of operating on nonpetroleum fuels or on |
22 | blended fuels with lower petroleum content. |
23 | (2) Increase the number of hybrid or other alternative |
24 | fueled vehicles within the fleet, if analysis by the |
25 | department determines the hybrid or other alternative fueled |
26 | vehicles to be cost effective and capable of meeting the |
27 | Commonwealth's transportation needs. Based upon this |
28 | analysis, the department shall develop a schedule for |
29 | increasing the number of hybrid or other alternative fueled |
30 | vehicles within the fleet over a ten-year period. |
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1 | (3) Increase the use and procurement of alternative fuel |
2 | and bio-based lubricants within the fleet. The department |
3 | shall conduct an analysis of the vehicle fuel and amount of |
4 | lubricants used by all fleet vehicles and develop a schedule |
5 | for increasing the amount of alternative fuel and bio-based |
6 | lubricants over a ten-year period. |
7 | (4) Develop procedures to utilize diesel fuel with the |
8 | highest percentage of biodiesel content available. |
9 | Section 6. Energy efficiency and procurement. |
10 | The department shall review and revise Commonwealth |
11 | procurement policies and procedures as necessary to ensure: |
12 | (1) The inclusion of energy efficiency considerations |
13 | and life-cycle costs when determining whether the purchase of |
14 | or contracting for goods or supplies represents the best |
15 | value for the Commonwealth, including, but not limited to, |
16 | equipment purchased for State facilities such as lighting |
17 | equipment, heating systems, ventilation systems, air |
18 | conditioning systems and water heating systems. |
19 | (2) New electronic office equipment purchased by State |
20 | departments or agencies shall be Energy Star compliant to the |
21 | extent Energy Star certified equipment is available and that |
22 | all major appliances purchased for State-owned or State- |
23 | operated facilities, including residential facilities, shall |
24 | be Energy Star compliant to the extent Energy Star certified |
25 | equipment is available. |
26 | Section 7. Interagency Task Force on Energy. |
27 | (a) Establishment.--The Interagency Task Force on Energy is |
28 | established. |
29 | (b) Purposes and goals.--The purposes and goals of the task |
30 | force shall be to: |
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1 | (1) Encourage a diverse supply of energy using |
2 | traditional and renewable sources and ensuring adequate |
3 | delivery systems. |
4 | (2) Promote energy efficiency and conservation within |
5 | Commonwealth facilities. |
6 | (3) Coordinate State agency actions. |
7 | (4) Identify opportunities for State agencies to lead by |
8 | example. |
9 | (c) Composition of task force.--The task force shall consist |
10 | of the following members, each of whom shall be appointed by and |
11 | serve at the pleasure of the Governor: |
12 | (1) Secretary of Environmental Protection, who shall |
13 | serve as chairman. |
14 | (2) Chairman of the Pennsylvania Public Utility |
15 | Commission. |
16 | (3) Director of the Pennsylvania Emergency Management |
17 | Agency. |
18 | (4) Executive Director of the Pennsylvania Rural |
19 | Development Council. |
20 | (5) Secretary of Aging. |
21 | (6) Secretary of Agriculture. |
22 | (7) Secretary of Community and Economic Development. |
23 | (8) Secretary of Conservation and Natural Resources. |
24 | (9) Secretary of General Services. |
25 | (10) Secretary of Health. |
26 | (11) Secretary of Public Welfare. |
27 | (12) Secretary of Transportation. |
28 | (13) Secretary of Governor's Office of Administration. |
29 | (14) Other individuals whom the Governor may elect to |
30 | appoint at any time. |
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1 | (d) Responsibilities of task force.-- |
2 | (1) The task force shall provide advice and assistance |
3 | in the preparation and review of agency energy plans. |
4 | (2) The task force shall seek to develop good working |
5 | relationships with interested stakeholders. |
6 | (3) The task force shall assemble the individual |
7 | agency's energy plans and submit them, together with an |
8 | executive summary including a progress report, to the |
9 | Governor on or before September 15 of each year. |
10 | (e) Responsibilities of Commonwealth agencies and other |
11 | entities.-- |
12 | (1) Each executive agency, and all independent agencies |
13 | participating voluntarily in this initiative, shall develop |
14 | an annual energy plan that outlines the actions the agency |
15 | will take to: |
16 | (i) utilize to the extent practical alternative |
17 | energy sources for energy supply; |
18 | (ii) promote conservation, efficiency and demand |
19 | management; |
20 | (iii) track and report energy usage and cost; and |
21 | (iv) further support the energy goals of the |
22 | Commonwealth as may be set forth by the task force. |
23 | (2) The energy plan shall also include the measures |
24 | taken in the previous year that addressed these listed goals. |
25 | The plan shall be submitted to the task force for advice and |
26 | assistance on or before July 15 of each year. The task force |
27 | shall compile the agency reports into a comprehensive report |
28 | to be included as part of the annual report required under |
29 | section 11. |
30 | (f) Interagency energy team.--Each task force member shall |
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1 | designate staff to serve on an interagency energy team that will |
2 | meet, as needed, to ensure that plan tasks are developed and |
3 | implemented. The team shall report to the chairman of the task |
4 | force. The Department of Environmental Protection shall |
5 | coordinate the activities of the teams. |
6 | (g) Interagency cooperation.--All agencies under the |
7 | Governor's jurisdiction shall fully cooperate and provide |
8 | assistance, particularly with regard to agency energy plans, to |
9 | the task force in performing its functions. |
10 | (h) Compensation.--Members of the task force shall receive |
11 | no compensation for their services, except that such members may |
12 | be reimbursed for actual travel and related expenses in |
13 | accordance with relevant rules and regulations of the Executive |
14 | Board. |
15 | (i) Funding.--Each agency shall provide sufficient funds and |
16 | staff to develop and implement its energy plan. |
17 | (j) Meetings.--Task force meetings shall be held on a |
18 | regular basis and shall be open to the public as required by 65 |
19 | Pa.C.S. Ch. 7 (relating to open meetings). |
20 | Section 8. Cooperation among executive agencies and independent |
21 | agencies. |
22 | (a) Duty to cooperate.--The department may request and shall |
23 | receive from any executive agency such cooperation, information |
24 | and data needed to properly implement this act. Independent |
25 | agencies not under the Governor's jurisdiction may participate |
26 | in the provisions of this act. |
27 | (b) Duties of Department of Environmental Protection.--The |
28 | Department of Environmental Protection shall: |
29 | (1) Provide advice and assistance to the Department of |
30 | General Services and executive agencies in developing the |
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1 | energy management and conservation requirements of this act. |
2 | (2) On a continuing basis, develop and recommend |
3 | additional energy conservation measures or alternative energy |
4 | generation technologies that could be implemented by |
5 | executive agencies. |
6 | (3) Assist the department in developing long-range |
7 | energy management and conservation methods to be applied in |
8 | Commonwealth facilities. |
9 | (4) Assist the department in the preparation of the |
10 | annual report as listed in section 11. |
11 | Section 9. Recognition of efforts to improve State energy |
12 | efficiency. |
13 | The department shall establish an annual award program to be |
14 | known as the Governor's Award for Excellence in Energy |
15 | Efficiency to annually recognize and reward State department or |
16 | agency progress in implementing cost-effective energy efficiency |
17 | and energy conservation measures and for achieving energy |
18 | savings. |
19 | Section 10. Historic buildings. |
20 | This act shall not apply to the extent it would require the |
21 | implementation of measures to conserve energy, water or other |
22 | utility use that would conflict with the historic nature of |
23 | buildings under the jurisdiction of the Pennsylvania Historical |
24 | and Museum Commission. |
25 | Section 11. Reporting. |
26 | The department shall provide an annual report to the chairman |
27 | and minority chairman of the Environmental Resources and Energy |
28 | Committee of the Senate and the chairman and minority chairman |
29 | of the Environmental Resources and Energy Committee of the House |
30 | of Representatives that specifies the efforts of all State |
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1 | departments and agencies in complying with this act. |
2 | Section 12. Effective date. |
3 | This act shall take effect in 60 days. |
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