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

Douglas Reiser, who publishes at the Builders Counsel Blog, recently posted an interesting question regarding Davis-Bacon wage determinations for green building projects:

"What do you think about Davis-Bacon worker/payment classifications for 'green building' specialists or professionals? Should there be a classification for your project's LEED AP? How about for any independent raters?  I am thinking that there might be a debate about HVAC, electrical, and plumbing workers who are trained in sustainable practices - do they require higher wages than your normal subcontractors?"

• Weatherization worker
• Doors & windows replacement worker
• HVAC, furnace, heating & cooling repair, installation and replacement worker
• Carpenter
• Electrician
• Plumber

Virginia Residential Weatherization Wage Determination

(DOL)(PDF)

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It may surprise you to learn that I have a real job.  Seriously, I do and I love it!  I am a construction litigator and I am currently involved in a major construction delay claim.  I have been preparing a motion the last few days, hence the late filing of today’s post. 

There is a lot going on in the green building world.  The Stimulus.  D.C.’s unique green building bond (i.e. the green building unicorn).  LEED AP exam deadlines.  And also a little basketball.  I often don’t have time to touch on all the issues I would like, so today, I provide you my thoughts on these many issues. 

The stimulus.  In my “Green in the Stimulus” slideshow, I indicated that the General Services Administration has until April 3, 2009 to prepare a list of federal projects to receive stimulus-funding.  While that is true, apparently the GSA does not intend to release this list on April 3:  “Morris said a list of stimulus-funded projects is being vetted by the administration, but he could not give a date for the list’s release.”  Stay tuned for further details.

The D.C. Bond.  You may have noticed that I have been writing a lot about the D.C. Green Building Act's performance bond requirement.  It seems the issue takes a new turn everyday.  The most recent rumor is that the D.C. may incorporate the green building bond into zoning requirements.  How are we going the wrong way on this?  Look for a guest post next week on the issue. 

The LEED AP Exam.  I get a lot of google hits from people trying to decide if they should take the LEED AP exam.  My general thought is that if you are interested in a career in green building and you have some free time and money, you should take the exam.  You do know the deadline to sign up for the LEED AP exam is March 31, right?  Also, the Green Building Certification Institute recently announced that you actually have to take the LEED AP exam by June 30, 2009.   

The Defending Champions.  Finally, it is my favorite time of year.  It is the time of year when the University of Kansas Jayhawks take flight.  In addition to my job and this blog, I also am just a little bit COMPLETELY AND UTTERLY (ed: my fiancee made this change) obsessed with Kansas Jayhawks basketball.  Always have been, always will be.  I hope Sherron Collins, Cole Aldrich, Bill Self and company continue rolling and dispatch of the Spartans in quick fashion tonight.  Rock Chalk Jayhawk! 

Photo:  ruralocity

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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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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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