Build Green – Sustainable Construction
Why build "green"
It saves money and it is good for the environment. There are significant financial reasons for building green, and its good for the environment. So the question is: why wouldn't you build green. For a summary of some of the material benefits, click here: http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1718
For a discussion on "Green Building" 101, click here: http://www.ciwmb.ca.gov/greenbuilding/Basics.htm
To view a business case ($$$) for building sustainable commercial buildings, click here: http://www.fypower.org/bpg/index.html?b=offices
To calculate your building upgrade value, click here: http://www.energystar.gov/index.cfm?c=comm_real_estate.building_upgrade_value_calculator
For information on ENERGY STAR qualified homes that offer homebuyers better performance, greater comfort, and lower utility bills, click here: http://www.energystar.gov/index.cfm?c=new_homes.nh_benefits
How do I build "green"
The LEED Standards set by the U.S. Green Building Counsel (http://www.usgbc.org/) are a very good source for identifying sustainable ways of constructing a new building, refitting an existing building, or building a commercial interior of a new space, whether or not the project is ultimately certified LEED. For a summary of the benefits of using LEED (or building to LEED standards), click here: http://www.usgbc.org/ShowFile.aspx?DocumentID=3330
Green Rating Systems
The enactment of local green building requirements has been acilitated by the development of several independent rating systems increasingly used in the building industry to objectively evaluate “green” buildings. The most common system is Leadership in Energy and Environmental Design (LEED®), developed by the United States Green Building Council(http://www.usgbc.org). LEED has developed several rating systems with guidelines fordifferent construction markets, including new nonresidential buildings, core and shellconstruction of commercial buildings, construction of commercial interiors, the construction ofschools, health care facilities, and retail spaces, and a newly-developed system for homes(LEED-H), released in January of 2008. The LEED for Neighborhood Development RatingSystem is in the pilot program stage and should be released in 2009.
Under the LEED rating system, the use of specific green building practices or design elements, in addition to certain prerequisite practices, accrue “points” on a checklist. Depending upon thenumber of points earned, each project is given a rating which corresponds to a level of LEEDcertification. Projects which meet the minimum number of points are “Certified.” Projects which accrue more than the minimum are rated “Bronze,” “Silver,” “Gold,” or “Platinum,” according to the number of points earned. Most cities require some level LEED-equivalent performance for some types of buildings, but do not require registration with the United States Green Building Council.
Another rating system used by local governments in their green building ordinances is the “GreenPoints Rated” program first developed by a coalition of Alameda County waste agencies(http://stopwaste.org) and promoted by Build It Green, a nonprofit organization based in Berkeley, California (http://www.builditgreen.org). The GreenPoints Rated system, while similar in approach to LEED, is focused on residential development, including separate guidelines for single-family and multifamily buildings. A building must attain at least 50 “GreenPoints” to be certified as “GreenPoint Rated.”
Several cities or counties have developed their own “points” systems using guidelines and checklists based on the GreenPoint Rated system. These include guidelines developed by theSonoma County Waste Management Agency (http://www.recyclenow.org) and the City of West Hollywood (http://www.weho.org/greenbuilding/). These alternative systems award points formany of the same practices, such as the use of fly ash in concrete, the recycling of constructiondebris, and the installation of overhangs.
While the far majority of local ordinances require or permit the use of LEED ratings for public and commercial projects, most local ordinances rely on GreenPoints or related systems for residential construction. In 2007, Build it Green signed a Memorandum of Understanding with Davis Energy Group (www.davisenergy.com) to calibrate the LEED for Homes and GreenPoints Rated systems for use in California, allowing for cross-training of building professionals, concurrent verification, and the possibility of “dual-branded” homes meeting the requirements ofboth systems.
As an alternative to the approach of LEED and GreenPoints Rated, the California Building Industry Association’s Building Industry Institute has developed the California Green Builder program (http://cagreenbuilder.org) to help builders and communities introduce and verify green building practices. The California Green Builder program combines prescriptive green building measures with a performance-based verification system. Unlike LEED and GreenPoints Rated,the California Green Builder protocols do not use “points,” but require specific practices and third party verification of a building’s actual performance. The California Green Builder program ensures that buildings exceed state energy efficiency requirements by at least 15%, while verifying practices such as duct sealing and construction waste management. As of yet, no California city has required developers to use the Green Builder Program. However, cities such as San Bernardino, Riverside, and Cathedral City have passed ordinances that provide incentives for developers who use the system.
[Excerpt from: http://ag.ca.gov/globalwarming/pdf/green_building.pdf]
New Construction
a. LEED Guides for New Construction: https://www.usgbc.org/DisplayPage.aspx?CMSPageID=220
b. Building a new commercial building: http://www.fypower.org/com/build.html
Existing Buildings
a. LEED Guides for Upgrading Existing Buildings: https://www.usgbc.org/DisplayPage.aspx?CMSPageID=221
b. Green California: LEED – EB (Existing Building upgrades): http://www.documents.dgs.ca.gov/green/LEED-EB-Chart.pdf
c. Upgrade your commercial building: http://www.fypower.org/com/upgrade.html
Leasing
a. LEED Guides for Commercial Interiors: https://www.usgbc.org/DisplayPage.aspx?CMSPageID=145
b. California Best Practices Manual for Building Operation and Management: http://www.documents.dgs.ca.gov/green/BPM-bbmbt.pdf
Navigating the Legal Framework
i. Construction - Some of the legal issues to be aware of are with respect to building "green" are (a) Compliance with "green" laws (state and local initiatives), (b) "Green" contracts – there are no standard provisions, (c) Risk mitigation – who bears responsibility of green compliance, (d) Certification hurdles, (e) Tax credits, grants, loans and exemptions, (f) Financing and (g) Permit fast-tracking, development agreements and planning
ii. "Green" Leasing - "Green" improvements translate into long term savings. Some of the legal issues to be concerned with in negotiating "Green" leases are (a) Rent and operating costs (shared savings), (b) Construction of tenant improvements, (c) Landlord sustainability and recycling rules and regulations, (d) Energy usage terms / performance criteria, (e) Hazardous materials handling, (f) Energy overages, and (g) Auditing
Legal Resources / LEED Accredited Professional: Cooper, White & Cooper LLP has more LEED® AP attorneys than any other California law firm. For Derek A. Ridgway, Esq., click here: http://www.cwclaw.com/attorneys/attorneyBio.aspx?name=DerekRidgway
Other Resources For Energy Star Tools and Resources, click, here: http://www.energystar.gov/index.cfm?c=tools_resources.bus_energy_management_tools_resources
For a list of Green Building Ordinances from local governments (by City), click here: http://ag.ca.gov/globalwarming/pdf/green_building.pdf
For a guideline for energy management, click here: http://www.energystar.gov/index.cfm?c=guidelines.guidelines_index
