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California Appeals Board Gender Diversity Loss

By Stuart Kaplow on Posted in ESG, State
Last month, the California Secretary of State appealed the decision by a California Superior Court striking down as unconstitutional California’s board diversity law, which required all publicly traded companies headquartered in the State to include a minimum number of female directors. In 2018, Women on Boards (Senate Bill 826) was signed into law to advance … Continue Reading

New Maryland Regulation all but Shuts Down Phase ll Environmental Site Assessments

By Stuart Kaplow on Posted in Environmental, State
The Maryland Department of the Environment has adopted regulations for the first time requiring the person conducting an environmental assessment, even when they are not the owner of the property (e.g., possibly a prospective contract purchaser of land or a consultant engaged in a lending transaction) to report suspected oil to MDE immediately, but not … Continue Reading

Maryland’s New Corporate Diversity Law Violates the Equal Protection Clause

By Stuart Kaplow on Posted in Codes and Regulations, ESG, State
Corporate diversity is too serious a matter to be left to the politicians.  Maryland has published, for public comment, regulations implementing the corporate diversity law enacted by the legislature in 2021. But the proposed regulations are unconstitutional on their face, violating the Equal Protection Clause of the U.S. Constitution and Article 24 of the Maryland … Continue Reading

Maryland becomes First State to Ban Polystyrene this Thursday

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, State
During the 2019 legislative session, the Maryland General Assembly enacted what will be the first statewide ban of expanded polystyrene foam. In the Spring of 2019 law makers did not foresee a pandemic that would shift restaurant dining (not to mention school meals and much more) to carry out in transportable food containers, but today … Continue Reading

COVID-19 and the Risk from Recirculated Air in Buildings

By Stuart Kaplow on Posted in Environmental, Green Building, State
The Federation of European Heating, Ventilation and Air Conditioning Associations (REHVA) has in recent days issued guidance on how to occupy commercial and public buildings, from offices to schools, “in order to prevent the spread of the coronavirus.” As Americans begin to end coronavirus disease 2019 (COVID-19) lockdowns, which were of course intended to keep … Continue Reading

Green Globes to be Approved in Maryland

By Stuart Kaplow on Posted in Codes and Regulations, Green Building, Green Globes, LEED, State
Last week the Maryland Green Building Council voted unanimously to recommend that Green Globes, at the two Green Globes level, be approved by the Maryland Secretaries of Budget and Management and General Services as a “high performance building” as defined in Maryland law. The vote is being widely heralded as a significant step forward in … Continue Reading

Legislature Overrides Veto of Renewable Energy Portfolio Standard Increase

By Stuart Kaplow on Posted in Climate Change, Energy, State
On February 2, 2017, the Maryland Senate and House of Delegates voted to override the veto of an increase the State’s Renewable Energy Portfolio Standard, as enacted in the 2016 Maryland General Assembly session. Last May, Maryland Governor Lawrence J. Hogan, Jr., vetoed House Bill 1106, that was characterized as a “sunshine tax” to be … Continue Reading

Is California Going to Ban Cows in the Name of Climate Change?

By Stuart Kaplow on Posted in Environmental, State, Sustainability
The California Environmental Protection Agency Air Resources Board has issued a “Proposed Short-Lived Climate Pollutant Reduction Strategy” that includes the penultimate statement, California’s dairy and livestock industries account for roughly half of the State’s total methane emissions and about five percent of the State’s overall GHG emissions. About half of the emissions from the State’s … 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

Maryland Vetoes Renewable Energy Portfolio Standard Increase

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Environmental, State, Sustainability
Maryland Governor Lawrence J. Hogan, Jr., vetoed an increase in the State’s Renewable Energy Portfolio Standard that would have resulted in higher electricity prices across the State. This push back against an ever increasing legislatively mandated subsidized renewable energy ‘market’ portends a national trend. Specifically, Governor Hogan announced he was vetoing House Bill 1106 – … Continue Reading

What do Hurricanes, Earthquakes and LEED Bonds Have in Common?

By Chris Cheatham on Posted in State
Three weeks ago, Washington DC was hit by both an earthquake and a hurricane. But this was not the most shocking development during the week — at least for me.   Here’s what shocked me the most: I learned there is a chance that LEED bonds could be available in our nation’s capital. On Wednesday, August … Continue Reading

Series Introduction: Discussing the IGCC

By Kirk Dryer on Posted in City, Codes and Regulations, State
If the International Green Construction Code (IGCC) is successful, green buildings will soon become the rule instead of the exception.  By codifying green building standards, the IGCC has the potential to make major strides to advance green building practices on a scale that has been unattainable through LEED and other similar voluntary green building standards. … Continue Reading

Free Webinar: The Reality of Implementing Green Building Codes

By Chris Cheatham on Posted in City, Codes and Regulations, State
I have been amazed at the immediate interest generated by the International Green Construction Code (IGCC).   Despite the fact that the IGCC is still in its infancy, there are a number of states and municipalities closely studying it for adoption.  We have already discussed Rhode Island’s adoption of IGCC for public buildings.  More significantly, … Continue Reading

Does California Green Building Code Signal Future Code Adoption?

By Chris Cheatham on Posted in Codes and Regulations, State
Every year, as the calendar turns over, a host of new regulations take effect.  In California, January 1, 2011 marked the introduction of CALGreen, the California green building code.  The California government has produced a guide to CalGreen, which I found informative: “The 2010 California Green Building Standards Code is a code with mandatory requirements … Continue Reading

IGCC a “Step in the Right Direction”

By Chris Cheatham on Posted in City, Codes and Regulations, State
I continue to ponder the importance of the release of the International Green Construction Code public version 2.0 (IGCC).  I recently asked Bob Kobet, LEED Faculty member, to provide his thoughts on IGCC.  It’s good to see that I am not the only one who thinks the new code is a big step for green building. … Continue Reading
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