"Winter is coming."
This is the common refrain in the popular book, Game of Thrones, in which kings vie to take over lands. As I thought about the green building policy mess of 2012, I couldn’t help but draw comparisons to Game o…
Someone recently asked me why I was baffled about the Department of Defense’s decision to use both LEED and a green building code. Here are two reasons:
1. The policy is a waste of taxpayer money.
2. The policy unnecessari…
In last week’s post, I stated that the Army was abandoning LEED certification in lieu of a green building code based on ASHRAE 189.1. But it is now clear to me that I misinterpreted the testimony of Dr. Dorothy Robyn, Deputy Under Secretary of Defense.
Instead, the Department of Defense is going to simultaneously require compliance with its green building code and with LEED certification.
Confused? So am I!
First here’s the statement from the DoD that suggested to me that LEED was being abandoned:
In the past, all new construction projects were required to meet the LEED Silver or an equivalent standard and/or to comply with the five principles of High Performance Sustainable Buildings. This year my office will issue a new construction code for high-performance, sustainable buildings, which will govern all new construction, major renovations and leased space acquisition. This new code, based heavily on ASHRAE 189.1, will accelerate DoD’s move toward efficient, sustainable facilities that cost less to own and operate, leave a smaller environmental footprint and improve employee productivity.
I assumed that this statement meant LEED certification was “in the past” and the new construction code would be used in the future.
Apparently the DoD intends to use both the green building code and LEED certification simultaneously. Paula Melton reported that according to (Dave) Foster in the Pentagon’s Media Relations Division, the Army “will continue to seek LEED certification for our buildings built to that standard and expect to get LEED Silver or better at no additional cost.”
I Don’t Understand the Difference Between a Code and a Rating System
Before the DoD’s announcement, I thought I understood the difference between a green building code and green building certification. I understood a green building code to be a minimum standard that applied to 100 percent of buildings. Green building certification, to me, was an aspirational standard that was beyond code and only applied to a subset of buildings.
But the DoD’s use of a green building code to achieve LEED certification is different. The code will inform the contractor of how to get LEED certification; the certification then confirms the building was built to code. The USGBC’s Lane Burt explained the distinction like this:
“The code tells you what to do, and LEED tells you how well you did and communicates that to the rest of the world.” For building owners, LEED provides third-party validation that “you got what you paid for.”
Going forward, federal contractors working with the DoD will have to ensure compliance with both a green building code and then apply for LEED certification.
I would like to leave with you with a question. What makes more sense?
A. A federal agency adopting a green building code to ensure that its projects are sustainable.
B. A federal agency adopting a green building code to simplify the process of obtaining a third-party certification to ensure that its projects are sustainable.
I am baffled.
Photo Credit: kalavinka
I apologize for the recent hiatus here at Green Building Law Update. If you want to see what I have been up to, check out ClaimKit (www.claimkit.com).
Now, on to green building legal news.
You may recall that in 2011, I published …
For much of 2011, my focus has been the Destiny USA project. This should not come as a surprise to readers who waded through my thirteen posts on the topic. I had planned to not write about the Destiny USA proj…
Over the past year, I’ve been lucky enough to get to know Jeremy Sigmon at the US Green Building Council. Jeremy works to educate the public and government officials about building codes. It has been a busy year for him with the introduction of the Int…
I try to keep announcement posts to a minimum. This is an announcement post because I have lots of announcements.
Green Building Law Update has moved
My family and I have re-located to Kansas City, Kansas. My entire family lives in Kansas City. My business partners live in Kansas City. The move was a no-brainer and we are loving it here.
My new contact information:
Chris Cheatham, Esq., LEED AP
email: chris@cheathamconsulting.com
phone: 202-553-3181
What am I doing now?
Over the last year, I have been working through two companies — Cheatham Consulting, LLC and The Law Office of Christopher W. Cheatham, LLP. During this time, I have also learned that to create a successful business you have to have laser focus and ignore distractions. Ultimately, I realized that I needed to focus on one entity.
Going forward, I am working through Cheatham Consulting, LLC. We have an incredible new service called Surety e-Claims™ that allows sureties to collect, organize and identify construction documents in a more efficient manner. I have been told that Surety e-Claims™ could start a revolution for the surety claims industry, which is keeping me both busy and excited.
If you are interested in Surety e-Claims™, send me an email at chris@cheathamconsulting.com and I will send you our new white paper, Leveraging Technology for Surety Claims.
Upcoming Posting Schedule
Due to my recent move, my new boy, and my new service, I have not been as active on Green Building Law Update. And frankly, there is not as much going on in the industry because commercial construction is stagnant.
In the coming weeks, I will be covering the following topics:
- An update on Destiny USA
- An update on the EPA headquarters protest
- A GAO report on Energy Star that may have implications for LEED
- An update on the Chesapeake Bay trial
- A review of the FTC Green Guides and how they apply to green buildings
What else are you interested in reading about?
Photo credit: planetschwa
One of the very first green building legal conundrums may be resolved.
The Washington Business Journal reported on October 31 that legislation will be introduced in Washington D.C. that will create an alternative to the much maligned LEED bond requirement in the D.C. Green Building Act of 2006.
Under the Act, as currently written, as of January 1, 2012, all new construction greater than 50,000 square feet must obtain LEED certification. Under the proposed legislation, developers will be permitted to make a binding “pledge” that LEED certification will be attained:
Under the pledge route, if a new building fails to be certified LEED within two years of receiving its certificate of occupancy, the developer would be penalized $7.50 per square foot for buildings under 100,000 square feet, and $10 per square foot for buildings larger than 100,000 square feet.
Notably, the D.C. Council proposed to create an alternative enforcement mechanism instead of correcting the D.C. Green Building Act’s many flaws. Two prominent surety associations outlined these flaws in a white paper for the D.C. Government. The associations suggested that LEED bonds would be made available if the legislation were to be corrected.
For design professionals and contractors working in Washington D.C., the LEED Pledge will mean more onerous contract terms. If developers can be penalized up to $3 million for not achieving LEED certification, these same developers will require guarantees of LEED certification from design professionals and contractors. Don’t be surprised to see penalty provisions in contracts that mirror the LEED pledge penalty.
What do you think of the LEED Pledge?
Photo credit: missrivs
I have spent just over a year thinking about the International Green Construction Code (IgCC). I know it has been one year because I received my first copy of the code at Greenbuild 2010. My conclusion today about the code is no d…
I have spent just over a year thinking about the International Green Construction Code (IgCC). I know it has been one year because I received my first copy of the code at Greenbuild 2010. My conclusion today about the code is no d…
This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011. The fact that lawyers are now allowed to congregate and make presentations at the Greenbuild conference is an achievement. The green buildin…
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 co…
