Enter the Government

State Lawmakers Focusing on Green Building

By Adrian MacDonald

The United States Green Building Council called 2007 a landmark year for green building, pointing to a rapid blossoming of new legislation at all levels of government throughout the country.

In the tri states, that has meant widespread adoption by state agencies of the council’s LEED standard, currently the leading protocol in the nation for building green.

Within the last two years, Connecticut and New Jersey have both passed state bills requiring all major state-funded construction and renovations to meet the equivalent of the LEED silver rating. The Dormitory Authority of the State of New York also announced in 2007 that its buildings would be LEED silver or better.

The New York Legislature unanimously passed the State Green Building Construction Act last summer. The New York bill departs from other states in that it does not specifically adhere to LEED. Instead, it requires the state’s environmental agencies to generate their own green building standard, culling “the best of the best” from a variety of available standards.

“We’ll see what the [NewYork State Department of Environmental Conservation and New York State Energy Research and Development Authority] put out,” says Assemblywoman Donna Lupardo, D, Broome County, who sponsored the bill. “If it looks weak, then we’ll have to re-examine what they’ve done.”

The move brings to light a variety of questions surrounding green building, such as cost and the ultimate efficacy of the LEED standard. To date there are more than 15,000 LEED-certified projects in the U.S., or about 3.6 billion sq ft of real estate. Of that, 700 million sq ft are government projects.

Proponents of LEED, such as Jason Hartke, director of advocacy and public policy for the USGBC, maintain that buildings certified under the standard achieve reductions of 30-50% in energy use, 40% in water use, 35% in carbon footprint and 70% in solid waste.

Experts say that the largest single objection to adopting LEED and other similar standards is the additional cost, but Steven Arsht, executive vice president for preconstruction at Skanska USA in Parsippany, N.J., and a board member for the New Jersey Green Building Council, argues that cost doesn’t need to be a barrier.

“Building green works as long as you have your goals set up front,” he says. “The design is an evolving process, and you pick and choose the points of LEED that make sense for the project being built.” He adds that today, most builders can easily achieve the LEED silver rating at no additional cost.

Andrew Topinka, chair of the New Jersey Green Building Council and owner of Tech Group Systems, a sustainable energy distribution firm, agrees. ““You can’t start building and then try to make LEED,” he says. “You have to start by saying you want LEED and then build around that.”

At the state level, among the first moves for many governments has been to mandate green standards in new school construction. In 2002, New Jersey Gov. James E. McGreevey signed an executive order requiring all new public school designs to incorporate LEED guidelines. Connecticut’s House Bill 7432 came in 2007, which included a requirement for the equivalent of LEED silver on all new public school construction of $5 million or more and renovations of $2 million or more.

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Lupardo says New York will discuss green schools in its next legislative session.

State measures such as these complement the federal Green Schools Construction Act, passed this summer, which gives $6.4 billion to fund green schools construction throughout the country.

Arsht sees the health benefits of green building as being a more critical advantage than energy savings, citing fewer sick days, higher test scores in schools and air quality the equivalent of a hospital or better. He says that healthier buildings translate to higher productivity in students and workers and ultimately a better return on investment for owners.

Topinka points to a number of studies on the links between green building and worker productivity and absenteeism. Researchers at the Lawrence Livermore National Laboratory, for example, reported in 2002 that natural daylighting in one school improved student test scores in math and reading by 15-25%. Another study published by the Rocky Mountain Institute in 1994 found that worker productivity in a large green-built commercial structure was up by 15%.

“If you go to a place where you like to work, you’re going to be more productive,” Arsht says.

While legislators can mandate green building certification for state-funded projects, they are targeting the private sector through a variety of proposals for voluntary tax credits.

The first of these in the nation was passed by New York in 2000, which provided a modest fund of $25 million over nine years to reward green building efforts. That measure may soon be followed by bills proposed within the last year in all three states, providing green construction tax credits to homeowners and commercial builders.

Green construction is also increasingly appearing in master plans for states and municipalities, such as New Jersey’s Energy Master Plan (still being drafted) and PlaNYC. A new bill signed by New Jersey Gov. John Corzine in August authorizes municipal planning boards to adopt a green building element as part of their master plans.

In New York City, the PlaNYC document includes a host of energy efficiency targets for new and existing buildings, such as a proposal for all new construction over 100,000 sq ft to exceed energy code by 20%, and all city government buildings and operations to reduce energy consumption by 30%.

“Those are real proposals,” says Russel Unger, chair of the New York Green Building Council, which works largely within the city and directly advises the mayor’s office. Unger declined to comment further.

It could be only a matter of time before green building becomes standard protocol.

As part of House Bill 7432, Connecticut now requires the state building inspector and the Codes and Standards Committee to revise the state building code to meet or exceed LEED silver for all private buildings constructed after Jan. 1, 2009, of $5 million or more and for all renovations beginning after Jan. 1, 2010, of $2 million or more.

The USGBC is also pursuing partnerships around the country to include green measures in building codes. In one partnership with the American Society of Heating, Refrigerating and Air-Conditioning Engineers and the Illuminating Engineering Society of North America, the council helped create Standard 189, providing minimum guidelines for green building practices.

The federal Energy Independence and Security Act of 2007 – considered by the USGBC to be a triumph for energy efficiency in the U.S. – includes a Commercial Buildings Initiative in which the U.S. Department of Energy will work with nonprofits and trade organizations to develop a strategy for zero-net-energy design.

Other work on the horizon for the USGBC includes greasing the wheels of federal government to get to the appropriate parties a $2 billion block grant set aside in EISA for energy-efficiency programs.

New York Assemblywoman Lupardo sees green construction as one aspect of a larger strategy to create a “green economy.” She says there is a direct link between promoting green building practices side-by-side with sustainable, local agriculture because both help create an economy that is less reliant on foreign trade.

“It’s all about energy efficiency and self-sufficiency,” she adds.

She and others also draw links to larger efforts to reduce greenhouse emissions, many of which have yet to leave the discussion stage.

“Buildings represent 40% of carbon emissions, and we’re not sure that conversation has been had in this Congress,” the USGBC’s Hartke says. “But it’s an enormously important conversation, and if legislation is passed it will have a tremendous impact on buildings in the U.S.”

Timeline of existing green building measures:

August 2007: The Dormitory Authority announces all new construction and renovations will be LEED certified.

June 2001: Gov. George Pataki issues Executive Order 111 encouraging but not requiring state projects to incorporate LEED criteria and seek certification where possible, with incentives and technical assistance from NYSERDA for both state and private projects.

May 2000: New York State passes the nation’s first-ever Green Building Tax Credit, establishing a fund of $25 million over nine years.

Source: USGBC.org

State bills currently proposed:

NY AB 2005C

Sponsor: Assemblywoman Donna A. Lupardo, D-Broome County

Title: Amends the energy law to enact the State Green Building Construction Act.

Summary: Require that the state develop green building standards for all new construction or substantial renovation of all New York State government buildings, including all state agencies and public authorities.

Status: Passed unanimously in the Assembly (6/2/08) and State Senate (6/12/08).

NY AB 10684

Sponsor: Assemblyman Kevin A. Cahill, D-Ulster/Dutchess Counties

Title: Amends the public authorities law to establish a green residential building grant program, providing incentives for state residents.

Status: Passed by State Assembly (6/23/2008).

NY AB 8151

Sponsor: Assemblywoman Joan L. Millman, D-Brooklyn

Summary: Amends the environmental conservation law to establish green building standards for certain capital projects and civic projects.

Status: Referred to Environmental Conservation - 01/09/2008

NY AB 10834

Sponsor: Assemblywoman Joan K. Christensen, D-Onondaga County

Title: Amends the real property tax law to increase partial real property tax exemption for residential improvements and an added exemption schedule for LEED certification standards for green buildings in certain cities.

Status: Referred to Real Property Taxation - 05/06/2008

Source: TrendTrack.com

Connecticut

Timeline of existing measures:

June 2007: Gov. M. Jodi Rell signs House Bill 7432 requiring the Office of Policy and Management to adopt regulations for state-funded buildings consistent with or exceeding LEED silver or the equivalent for new construction and major renovations. The bill also requires revision of the State Building Code to meet or exceed LEED silver after Jan. 1, 2009, for private buildings of $5 million or more and for all renovations beginning after Jan. 1, 2010, of $2 million or more.

Source: USGBC.org

State bills currently proposed:

CT HB 5083

Sponsor: Assemblyman Lawrence F. Cafero, R-Norwalk

Summary: Provides tax credits to encourage homeowners and commercial builders to build or renovate using green building standards.

Status: Referred to Joint Committee on Energy and Technology - 02/13/2008

Source: TrendTrack.com

New Jersey

Timeline of existing measures:

August 2008: Gov. John Corzine signs Assembly Bill 1559, authorizing municipal planning boards to adopt a green buildings and environmental sustainability municipal master plan element.

January 2008: Corzine signs Senate Bill 843, requiring all new state-owned buildings of 15,000 sq ft or greater to earn LEED silver or equivalent.

February 2007: Corzine signs Executive Order 54, setting targets to stabilize greenhouse gas emissions at 1990 levels by 2020, and reducing emissions to 80% below 2006 levels by 2050.

April 2006: Corzine signs Executive Order 11, creating the position of director of energy savings within the Department of the Treasury.

July 2002: Gov. James E. McGreevey signs Executive Order 24, requiring all new school designs to incorporate LEED guidelines.

Source: USGBC.org

State bills currently proposed:

NJ S 696

Sponsor: Sen. Bob Smith, D-Piscataway

Summary: Establishes the New Jersey State Building Green Building Technology Task Force.

Status: Referred to Senate Economic Growth Committee - 01/08/2008

NJ A 2070

Sponsor: Assemblyman John F. McKeon, DSouth Orange

Title: Green Building Tax Credit Act, providing certain tax credits for the meeting of green building standards, and supplementing Title 52 of the Revised Statutes.

Status: Referred to Assembly Appropriations Committee - 05/12/2008

NJ S 1250

Sponsor: Sen. Christopher Bateman, R-Somerville

Summary: Requires the design of new public schools to incorporate LEED guidelines.

Status: Referred to Senate Economic Growth Committee - 02/21/2008

NJ S 1121

Sponsor: Sen. Thomas H. Kean Jr., R-Westfield

Summary: Provides credit under corporation business tax and gross income tax for construction of buildings in accordance with certain energy and environmental performance standards.

Status: Referred to Senate Economic Growth Committee - 02/14/2008

NJ A 2582

Sponsor: Assemblywoman Pamela R. Lampitt, D-Voorhees

Summary: Provides credit under corporation business tax and gross income tax for construction of buildings in accordance with certain energy and environmental performance standards.

Status: Referred to Assembly Environment and Solid Waste Committee - 05/05/2008

NJ A 2854

Sponsor: Assemblyman John E. Rooney, R-Emerson

Summary: Retrofitted Green Building Tax Credit Act, providing certain tax credits for the meeting of green building standards, and supplementing Title 52 of the Revised Statutes.

Status: Referred to Assembly Environment and Solid Waste Committee - 05/22/2008

Source: TrendTrack.com