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

Dear Feebate,

I'm sorry to be writing this.  First, I have to say, it's not you, it's me. You have done nothing wrong.

I remember when we met back at Greenbuild '08. The Portland officials were very eager to show you off and I fell for you hard. You were everything I dreamed of in a green building regulation. You weren't quite a mandate, but you strongly encouraged green building certification. Projects that did not achieve LEED certification were penalized; projects that achieved LEED Gold or Platinum certification received a reward.

It has been a long distance relationship and my eye has wandered. I have become increasingly focused on retrofits to existing buildings. How are we going to improve the energy efficiency of existing building stock?  You always refused to answer this question when I asked.

Then, she appeared.  PACE.

PACE bonds - Property Assessed Clean Energy bonds. PACE bonds are just so beautiful to me. What is a PACE bond you ask?

PACE is a bond where the proceeds are lent to commercial and residential property owners to finance energy retrofits (efficiency measures and small renewable energy systems).  OWNERS then repay their loans over 20 years via an annual assessment on their property tax bill. PACE bonds can be issued by municipal financing districts or finance companies and the proceeds can be used to retrofit both commercial and residential properties.

My dear Feebate, PACE bonds are everything you are not.  PACE bonds focus strictly on creating a market for energy efficiency retrofits or renewable energy. PACE bonds are not mandates; instead, individuals must willingly agree to opt in. PACE bonds can be set up by private companies or government entities. The best part, though, is that a PACE bond can turn into a revolving fund that creates even more retrofits.

So Feebate, thanks for everything. It's been a nice ride and I wish you luck.

Best Wishes,

Green Building Law Update

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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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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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