69–010 

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. 


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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 §§ 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 (§ 203), 

and for school environmental health (§ 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. 


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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. 


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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, leadbased 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 HighPerformance 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 LautenVerDate Aug 31 2005 20:31 Dec 13, 2007 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR241.XXX SR241

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berg 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 highperformance 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 highperformance 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 ‘‘HighPerformance 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 HighPerformance 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. 


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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 


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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 


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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 mateVerDate Aug 31 2005 20:31 Dec 13, 2007 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR241.XXX SR241

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rials 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 


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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. 


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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. 


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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. 


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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). 


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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 


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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. 

Æ 


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