Post by melody on Feb 12, 2013 17:33:30 GMT -5
House Environmental Resources and Energy Committee
2/4/13, 12:00 p.m., B31 Main Capitol
By Kimberly Hess, PLS
The committee met to consider one bill.
HB 34 Harper, Kate - (PN 16) The High-Performance, State Buildings Standards Act provides for the creation of high-performance building standards. All building projects or a renovation that is larger than 20,000 gross square feet and at least 90 percent total square feet of a building in facilities owned by a Commonwealth agency shall meet or exceed the prescribed level of achievement under the high-performance building standard outlined in the legislation. The Department of General Services shall promulgate rules and regulations for compliance and shall report annually to the legislature. - The bill was reported as amended with Representatives Martin Causer (R-McKean), Tim Krieger (R-Westmoreland), Carl Metzgar (R-Somerset), Donna Oberlander (R-Clarion), Jeff Pyle (R-Armstrong), Kathy Rapp (R-Warren), and Tommy Sankey (R-Clearfield) voting in the negative.
Rep. Kate Harper (R-Montgomery) provided an overview of the legislation, noting that similar legislation was approved by both the House and Senate last session. She explained the legislation provides for consideration of green building standards for Commonwealth construction and renovations as a factor in determining the lowest responsible bidder, but emphasized the legislation does not require a specific standard, such as LEED, but instead leaves the decision to the Department of General Services (DGS) to implement through regulation.
A00079 by Miller, is a technical amendment that clarifies the bill applies to the renovation of commonwealth-owned or commonwealth-leased buildings. The amendment was unanimously adopted.
Rep. Pyle asked if the bill will apply to buildings leased by the Commonwealth. Rep. Harper confirmed the provisions apply if the state leases at least 90 percent of the building. Rep. Pyle further asked why DGS sets the standards, but the occupying agency would be responsible for ensuring that the standards are met. Rep. Harper explained the occupying agency would best know the energy bills for the building and would report back to DGS.
Rep. Matt Gabler (R-Elk) asked if the bill includes provisions that ensure that costs to increase energy efficiency will be offset by the savings from that efficiency. Rep. Harper replied that is why she included reporting requirements in the bill. She pointed out the savings will occur over the long-term. Rep. Gabler questioned if DGS is required to create standards that provide for the savings to exceed the cost of the upgrade. Rep. Harper replied, “yes.”
Minority Chairman Greg Vitali (D-Delaware) offered his support for the amendment.
Rep. Eli Evankovich (R-Westmoreland) asked about Rep. Harper’s comments that DGS often feels pressure to go with the lowest responsible big, regardless of the long-term costs. Rep. Harper agreed contracts should be awarded to the lowest responsible bidder but remarked sometimes this is not in the long-term best interests of the commonwealth. She opined efficiency standards should be incorporated into the consideration. Rep. Evankovich questioned if the requirements should instead be placed into the Procurement Code. Executive Director Jonathan Lutz agreed that would also be appropriate.
Rep. Metzgar questioned where in the legislation a cost-benefit analysis is required. Rep. Harper explained DGS is granted the responsibly to create the standards for the bidding process and reports will be issued so the legislature can see if the program is successful. She indicated similar standards have shown savings in the private sector. Rep. Metzgar suggested the legislation should mandate that the benefits of the efficiencies must outweigh the costs of the efficiencies. Rep. Harper indicated she would be open to an amendment requiring payback within ten years.
Rep. Rapp asked Rep. Harper to explain the language stating the purpose is “to increase the demand for environmentally preferable building materials, finishes and furnishings.” Rep. Harper reiterated DGS would establish the specific standards in the bidding process instead of providing for a specific standard, such as LEED. She explained technology and standards can change overtime and she does not want to “enshrine” particulars in law. Rep. Rapp also asked for an explanation of the stated goal “To reduce this Commonwealth’s dependence upon imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources.” Rep. Harper confirmed DGS would also set this standard, noting that in some places natural gas is a local resource. She also noted the many ways to save energy.
Rep. Becky Corbin (R-Chester) asked about the enforcement provisions, remarking they sound like “all or nothing.” Rep. Harper indicated that language was what DGS requested, explaining that it creates a green policy for the state but leaves “wiggle room” for DGS when creating budgets.
Rep. Pyle questioned the synonymous use of “renewable” and “energy efficient,” remarking the two are different in his mind. He noted Pennsylvania hardwood is a renewable resource in Pennsylvania but often not regarded as such elsewhere. Rep. Harper replied that is exactly why she did not require a LEED certification, explaining the LEED standard is not friendly toward Pennsylvania’s hardwoods. She remarked solar and natural gas could both be considered local sources in Pennsylvania and animal waste is a renewable resource. Rep. Pyle pointed out 53 percent of power comes from coal, which is not renewable but is the cheapest. Rep. Harper countered a building’s power may be from coal but efficiencies could be implemented in other places such as water saving faucets.
Minority Chairman Vitali offered his support for the bill. He asked how the enforcement provisions will work. Rep. Harper explained the provisions will apply to projects only after the regulations have been implemented, which gives DGS “wiggle room.”
2/4/13, 12:00 p.m., B31 Main Capitol
By Kimberly Hess, PLS
The committee met to consider one bill.
HB 34 Harper, Kate - (PN 16) The High-Performance, State Buildings Standards Act provides for the creation of high-performance building standards. All building projects or a renovation that is larger than 20,000 gross square feet and at least 90 percent total square feet of a building in facilities owned by a Commonwealth agency shall meet or exceed the prescribed level of achievement under the high-performance building standard outlined in the legislation. The Department of General Services shall promulgate rules and regulations for compliance and shall report annually to the legislature. - The bill was reported as amended with Representatives Martin Causer (R-McKean), Tim Krieger (R-Westmoreland), Carl Metzgar (R-Somerset), Donna Oberlander (R-Clarion), Jeff Pyle (R-Armstrong), Kathy Rapp (R-Warren), and Tommy Sankey (R-Clearfield) voting in the negative.
Rep. Kate Harper (R-Montgomery) provided an overview of the legislation, noting that similar legislation was approved by both the House and Senate last session. She explained the legislation provides for consideration of green building standards for Commonwealth construction and renovations as a factor in determining the lowest responsible bidder, but emphasized the legislation does not require a specific standard, such as LEED, but instead leaves the decision to the Department of General Services (DGS) to implement through regulation.
A00079 by Miller, is a technical amendment that clarifies the bill applies to the renovation of commonwealth-owned or commonwealth-leased buildings. The amendment was unanimously adopted.
Rep. Pyle asked if the bill will apply to buildings leased by the Commonwealth. Rep. Harper confirmed the provisions apply if the state leases at least 90 percent of the building. Rep. Pyle further asked why DGS sets the standards, but the occupying agency would be responsible for ensuring that the standards are met. Rep. Harper explained the occupying agency would best know the energy bills for the building and would report back to DGS.
Rep. Matt Gabler (R-Elk) asked if the bill includes provisions that ensure that costs to increase energy efficiency will be offset by the savings from that efficiency. Rep. Harper replied that is why she included reporting requirements in the bill. She pointed out the savings will occur over the long-term. Rep. Gabler questioned if DGS is required to create standards that provide for the savings to exceed the cost of the upgrade. Rep. Harper replied, “yes.”
Minority Chairman Greg Vitali (D-Delaware) offered his support for the amendment.
Rep. Eli Evankovich (R-Westmoreland) asked about Rep. Harper’s comments that DGS often feels pressure to go with the lowest responsible big, regardless of the long-term costs. Rep. Harper agreed contracts should be awarded to the lowest responsible bidder but remarked sometimes this is not in the long-term best interests of the commonwealth. She opined efficiency standards should be incorporated into the consideration. Rep. Evankovich questioned if the requirements should instead be placed into the Procurement Code. Executive Director Jonathan Lutz agreed that would also be appropriate.
Rep. Metzgar questioned where in the legislation a cost-benefit analysis is required. Rep. Harper explained DGS is granted the responsibly to create the standards for the bidding process and reports will be issued so the legislature can see if the program is successful. She indicated similar standards have shown savings in the private sector. Rep. Metzgar suggested the legislation should mandate that the benefits of the efficiencies must outweigh the costs of the efficiencies. Rep. Harper indicated she would be open to an amendment requiring payback within ten years.
Rep. Rapp asked Rep. Harper to explain the language stating the purpose is “to increase the demand for environmentally preferable building materials, finishes and furnishings.” Rep. Harper reiterated DGS would establish the specific standards in the bidding process instead of providing for a specific standard, such as LEED. She explained technology and standards can change overtime and she does not want to “enshrine” particulars in law. Rep. Rapp also asked for an explanation of the stated goal “To reduce this Commonwealth’s dependence upon imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources.” Rep. Harper confirmed DGS would also set this standard, noting that in some places natural gas is a local resource. She also noted the many ways to save energy.
Rep. Becky Corbin (R-Chester) asked about the enforcement provisions, remarking they sound like “all or nothing.” Rep. Harper indicated that language was what DGS requested, explaining that it creates a green policy for the state but leaves “wiggle room” for DGS when creating budgets.
Rep. Pyle questioned the synonymous use of “renewable” and “energy efficient,” remarking the two are different in his mind. He noted Pennsylvania hardwood is a renewable resource in Pennsylvania but often not regarded as such elsewhere. Rep. Harper replied that is exactly why she did not require a LEED certification, explaining the LEED standard is not friendly toward Pennsylvania’s hardwoods. She remarked solar and natural gas could both be considered local sources in Pennsylvania and animal waste is a renewable resource. Rep. Pyle pointed out 53 percent of power comes from coal, which is not renewable but is the cheapest. Rep. Harper countered a building’s power may be from coal but efficiencies could be implemented in other places such as water saving faucets.
Minority Chairman Vitali offered his support for the bill. He asked how the enforcement provisions will work. Rep. Harper explained the provisions will apply to projects only after the regulations have been implemented, which gives DGS “wiggle room.”