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Carbon Tax Proposed in Portland will be First in the Nation

By Stuart Kaplow on Posted in Climate Change, Green Globes, LEED, Local Government
The City of Portland is proposing a carbon tax that would be the first of its kind anywhere in the country. Given the increased emphasis on climate change by the incoming Biden Administration the proposed ordinance should be on your required reading list. Carbon dioxide and other greenhouse gas emissions are changing the climate. Energy … Continue Reading

2018 IgCC Poised to be Adopted for the First Time

By Stuart Kaplow on Posted in Green Building, IgCC, LEED, Local Government
Montgomery County, Maryland is on the cusp of being the first to adopt the 2018 International Green Construction Code. The proposed Executive Regulation 12-20 appeared in the Montgomery County Register on August 1. A public hearing will be held on proposed regulation on September 3. And written comments may be submitted until October 5. Montgomery … Continue Reading

Low Carbon Concrete for the First Time Required by Law

By Stuart Kaplow on Posted in Climate Change, Green Building, Local Government
The negative environmental impact of concrete, the most common man made substance on Earth, has not been meaningfully responded to in 2020. Cement use in concrete is the largest single material source of greenhouse gas emissions in building. Concrete is the largest single material source of embodied emissions in buildings, and makes for more than … Continue Reading

Maryland Appellate Court Upholds Local Government Pesticide Ban

By Stuart Kaplow on Posted in LEED, Local Government
Last week the Maryland Court of Special Appeals, the state’s intermediate appellate court, overturned an earlier circuit court decision, reinstating a Montgomery County ordinance significantly restricting pesticide use throughout the County. In October 2015, the Montgomery County Council enacted Bill No. 52-14 becoming the first major jurisdiction in the country to enact such a ban. … Continue Reading

St. Petersburg is Bold in Mandating Envision

By Stuart Kaplow on Posted in Codes and Regulations, LEED, Local Government
The City of St. Petersburg, Florida passed a progressive ordinance last week mandating that City infrastructure projects and newly constructed and renovated City building be third party certified as green. The new Ordinance 359-H, passed by the St. Petersburg City Council on January 17, 2019 and awaiting the Mayor’s signature, supersedes the prior Executive Order … Continue Reading

California is a Model for PACE Loan Reform

By Stuart Kaplow on Posted in Energy, Environmental, Green Building, Local Government, Sustainability
California’s statutory changes to its existing residential Property Assessed Clean Energy (PACE) financing program, that became effective January 1, 2017, may be a model for residential PACE programs across the nation. The first residential PACE program started in Berkeley, California in 2007. Today there are laws in at least 34 states that allow some form … Continue Reading

Green Building Transactional Due Diligence

By Stuart Kaplow on Posted in Green Building, Green Globes, IgCC, LEED, Local Government
As ever larger numbers of green buildings are bought and sold, due diligence related to the green features of commercial buildings takes on an increasing importance. But apparently most real estate due diligence checklists are stuck in the 1980s and while they address matters ranging from title and zoning to tenants and leases, as well … Continue Reading

The Ramifications of this IgCC Enactment are of National Import

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Green Building, IgCC, Local Government
Update. On November 15, 2016, the Montgomery County Council adopted Resolution 18-669, voting to extend time until June 30, 2017 for Council action on Executive Regulation 21-15, Adoption of the 2012 International Green Construction Code (IGCC). A Planning, Housing & Economic Development Committee work session will be scheduled at a later date. On September 28, … Continue Reading

Historic Church Appeals to Higher Authority in Solar Dispute

By Stuart Kaplow on Posted in Energy, Environmental, Local Government, Sustainability
The First Parish in Bedford, Unitarian Universalist church has appealed from a decision of the Historic District Commission of the Town of Bedford that denied First Parish’s application for a certificate of appropriateness to install solar panels on its Meetinghouse roof. The complaint filed Superior Court for the County of Middlesex, Commonwealth of Massachusetts claims … Continue Reading

HUD Jumpstarts PACE Financing for Homes

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Federal, Green Building, Local Government, State, Sustainability
Last week the U.S. Department of Housing and Urban Development and the Department of Veterans Affairs released new guidance, changing their previous positions, now widely allowing residential Property Assessed Clean Energy (PACE) financing. With the guidance, PACE financing, where payments for energy efficiency, water conservation and renewable energy improvements to real estate are made through … Continue Reading

Miami Beach’s New Green Building Tax

By Stuart Kaplow on Posted in Codes and Regulations, Green Building, LEED, Local Government, Sustainability
Some years ago an ordinance enacted by the City of Miami Beach received accolades across the globe when it protected endangered sea turtles that nest on the beaches of Miami Beach, by “restricting artificial lighting and other activities that disorient turtle hatchlings, causing them to crawl toward land rather than toward the ocean.” However, a … Continue Reading

Model Sustainability and Green Building Initiatives for a More Verdant City and Town

By Stuart Kaplow on Posted in LEED, Local Government, Sustainability
A package of local government bills introduced on January 29th aim to ensure that Montgomery County, Maryland remains at the sustainability forefront. The legislation is a model for local government environmental and energy initiatives and we provide a link to each bill with the thought that these may inspire other cities and counties,… Continue Reading

King County Mandates its Green Building be the Greenest, with a Twist

By Stuart Kaplow on Posted in LEED, Local Government
King County, Washington is applauded by some for joining Greensburg, Kansas (the tornado destroyed town) as only one of two local governments mandating government building to a LEED Platinum standard. But many critically ask, is it a misuse of the LEED "voluntary third party green building rating system" for a government to mandate by law that government owned buildings be constructed to that "voluntary" standard?… Continue Reading
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