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[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.

                                  
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