Green Building & Construction LEED AP, Lawyer & Attorney Chris Cheatham : WTHF Law Firm : Washington DC, Virginia, New York City

 Continuing our posts from GreenBuild, our next two posts will discuss two very different green building regulatory enforcement mechanisms from two very different cities.  The first city, Portland, has created a very innovative enforcement mechanism to enforce its stringent green building regulations. 

Portland is very similar to other cities in that they will require specific project to achieve varying LEED certification levels.  Portland's enforcement mechanism, however, is much different.  Called a "Feebate," Portland will require that some projects pay into a green building fund while other projects obtain rebates from the city.

Under the Feebate system, all new buildings built to code are assessed a fee.  If a project is built to LEED Silver, then the fee is waived and the owner obtains access to financing options.  Even better, if a project attains LEED Gold, the city writes the project owner a check! 

All money that is paid into the green building fund is used either for the incentives or to educate about green building.

Pretty neat, don't you think?  After the Holidays, Portland is coming out with its economic analysis of the plan, and I am looking forward to reviewing it with you. 

Photo Credit:  Scott_rtw

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One of the most significant announcements coming out of GreenBuild was the unveiling of the revamped LEED Accredited Professional (AP) program.  Or should I say, programs?

There will now be four levels of LEED accreditation:  

(1)    LEED Green Associate
(2)    LEED Accredited Professional
(3)    LEED AP Fellow; and
(4)    Legacy LEED AP

Additionally, a timeline for the new programs was graciously provided to me by Elaine Hsieh of KEMA Services, Inc., which is available here.  Elaine has indicated that you can contact her directly if you have questions about the program as she sits on the USGBC Steering Committee: elaine.hsieh@kema.com

While the Green Building Certification Institute (GBCI), which administers the LEED AP exam, does not reference a final date for the current LEED AP exam, I did see the following at Real Life LEED:

Aside from the times listed below, I have it on good (but not rock solid) authority that the last day to register for the current LEED-NCv2.2 and LEED-CIv2.0 exams is going to be March 31st, with GBCI to cutoff administering exams sometime around June. This should give you plenty of time to study, take, and pass the current exams should you so choose, but you don't have much time to wait!

Next week, I, along with some other bloggers, will elaborate on what the new LEED AP program means.  Thanks for reading Green Building Law Update, which will be on hiatus until Monday, and have a wonderful Thanksgiving!  

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While at GreenBuild, I had the pleasure of listening to Jeff Harris of the Alliance to Save Energy speak about the Presidential Climate Action Project.  Two of the points raised by Jeff really got me thinking and I want to share these ideas with you.

During his presentation, Jeff stated that the U.S. government is the largest user of energy in the world.  As a result, the U.S. government should lead the green building movement.  

Green Building Law Update agrees with Jeff.  While it may not be appropriate for cities and states to mandate LEED certification, governments that require green building strategies for public projects are creating two benefits.  First, the government is creating a market for green building products and players.  Additionally, the public projects that incorporate green building strategies will educate the public. 

Jeff also presented a model for the implementation of green building codes that seems very workable:

(1) Create incentives to incorporate green building strategies;

(2) Train individuals about green building; and

(3) Obtain market recognition of green building strategies. 

Green Building Law Update will be elaborating on these ideas in the future. Check back as we discuss other programs and ideas that were discussed at GreenBuild. 

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In previous posts, Green Building Law Update pointed to anecdotal evidence that financing difficulties were affecting the green building industry.  While there may be specific examples of green building difficulties, the bigger picture does not look as dire. 

According to a recent article, the green building industry is “staying afloat” despite the tight financing market.  More importantly, at least in New York City, incorporation of green building strategies may actually be a prerequisite for obtaining financing: 

Douglas Durst said that in this day and age, all the top tenants demand green projects, a fact the banks know, making financing such projects easier, not harder. With credit so difficult to come by, a few sustainable features or a LEED application may be the deciding factors on that eight-figure loan.

So the state of the art will likely require green building projects and obtaining financing requires green building strategies.  Why are you not in Boston learning about green building?  Want to learn more?  Contact me at chris@greenbuildinglawupdate.com. 

Related Links

• What Recession? (The Architect's Newspaper)
• The State of Green Building (GBLU)

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Come hear construction, design and surety experts speak about emerging green building litigation and risks:

Green Building:  Opportunity or Legal Quagmire?

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In anticipation of GreenBuild, Green Building Law Update is going to step back and ask: what is the state of green building? 

These are definitely interesting times for the green building industry.  On the one hand, as I have highlighted, green building projects may have to be shelved due to the tight lending market.  But making conclusions based on a snapshot of the current green building industry is short-sighted.  Prior to the economic crisis, we were in the middle of a “green revolution” and the revolution will continue when we emerge from the slumping economy. 

I am not the only one voicing these long-term positive expectations for green building: 

"The state of the art will be green," said Block, partner at Tannenbaum Helpern Syracuse & Hirschtritt LLP. "There’s no question about that." Block pointed out that as part of their more stringent standards, lenders will insist on the-state-of-the-art when it comes to financing new construction. Moreover, government is leading the way in mandating green standards, he added.

If the state of the art is going to be green, maybe it’s time you learn about green building.  Stick with Green Building Law Update and we will lead you through the “green revolution.” 

Related Links

• Panel: Green Revolution Is Already Here (GlobeSt.com)
• The Google Delays Green Building Project (GBLU)

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Come hear construction, design and surety experts speak about emerging green building litigation and risks:

Green Building:  Opportunity or Legal Quagmire? 

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As you may know, this week is the United States Green Building Council’s national event, GreenBuild, in Boston: 

USGBC's Greenbuild conference and expo is an unparalleled opportunity to connect with other green building peers, industry experts, and influential leaders as they share insights on the green building movement and its diverse specialties.

This year’s theme is "Revolutionary Green: Innovations for Global Sustainability” and Archbishop Desmond Tutu will be the keynote speaker.  I am very excited to attend, and, in particular, hear about green building regulatory schemes.  I wonder if others will argue that LEED certification should not be mandated through government regulations? 

If you are going to be at GreenBuild and you would like to meet up, please send me an email (chris@greenbuildinglawupdate.com) or leave a comment below.  It would be great to meet some of my readers!

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Come hear construction, design and surety experts speak about emerging green building litigation and risks:

Green Building:  Opportunity or Legal Quagmire? 
 

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Sorry, I won't be answering this rhetorical question today.  Instead, a group of construction, design and surety legal experts will attempt to address this difficult question at an upcoming symposium: 

What:  Trends in Green Building Seminar

Who:  Tom Mawson - The USGBC and Trends in Green Building; Chris Cheatham - The Emergence of Green Building Litigation; Bryan Phillips - Green Construction: A Legal Perspective, Dan Knise - Designing Green - With Reward Comes Risk, Geoff Delisio - A Surety Perspective on Green Building

When: Tuesday, December 2, 2008  9:00 - 12:00 AM

Where:  4301 Wilson Boulevard, Arlington, VA 22203

You can also download a complete invitation here. 

I will be speaking about the emergence of green building litigation with a focus on the Shaw Development v. Southern Builders case.  Other speakers will address green building issues from a construction, design and surety perspective.  Seating is limited so please RSVP by November 21 to Nancy Shipley at nancy.shipley@rutherfoord.com. 

Let me know if you have any questions regarding the event.  If you are going to attend let me know (chris@greenbuildinglawupdate.com) -- I would love to meet some of my readers!  
 

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During my speaking engagements regarding green building legal issues, I have noticed that the same questions keep coming up.  I thought I would begin to answer some of these questions for Green Building Law Update readers that have the similar questions.

Question:  When should I take the LEED Accredited Professional (AP) examination? 

This is a tricky question.  You may or may not know that the current version of the LEED rating system is Version 2.2.  In 2009, the USGBC is releasing a new version of the LEED rating system, version 3.0.  What does this have to do with the LEED AP exam?  The LEED AP exam primarily tests your knowledge of the LEED rating system.  When a new rating system is implemented, a new version of the LEED AP exam must be created. 

When the Green Building Certification Institute (the entity responsible for administering the LEED AP exam) creates the LEED AP exam for version 3.0, the exam will likely be more difficult.  According to Professional Publications Inc., "the LEED 2009 exams will be more difficult than the current versions with an expected pass rate of only 20%, compared to 34% for the current exams."  Furthermore, Professional Publications Inc. states that "the GBCI will stop administering the current LEED exams in late December, and availability of the LEED 2009 exams has not yet been announced." 

In short, you are best served to take the LEED AP exam before 2009.  

Have questions for Green Building Law Update?  Send your questions to chris@greenbuildinglawupdate.com or post them in the comments section below. 

UPDATE:  GreenBuild Recap Part II: New LEED AP Program Announced

Related Links

• What is a LEED AP?  (GBCI)
• LEED Version 3.0 Aims to Respond to Market’s Needs (FacilitiesNet)
• FAQs About the LEED Professional Accreditation Exams (PPI)

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Here at Green Building Law Update, we remain troubled by the disbanding of the proposed ASHRAE 189.1 green building code committee, but we have to point out one bright spot. 

As you may recall, last week we  discussed the merits of the “Proposed Standard 189: Standard for the Design of High-Performance Green Buildings Except Low-Rise Residential Buildings" and the disbanding of a committee that was to create the code, apparently due to pressures from industry groups.   After the committe was dissolved,  the USGBC voiced strong support for the green buiding code: 

Brendan Owens, vice president for LEED Technical Development at USGBC, told EBN that it was “very surprised at this action taken by ASHRAE,” adding that USGBC is trying to learn more about ASHRAE’s reasons.

 

“We want to make sure that this is the best path forward,” Owens said. Acknowledging the uncertainty about Standard 189, Owens noted that a minimum green building standard that can be incorporated into codes is “so fundamental to everything USGBC is about, we are very committed to making sure it happens.”

• Uncertain Future for ASHRAE Standard 189 (BuildingGreen)
• Industries Halt Proposed Green Code (GBLU)

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