Heather Keil

Energy Law Spring 2008

 LEED project certification - provides
independent, third-party verification that a
building project meets the highest green
building and performance measures
United States Green Building
Council (USGBC) issued a set of
guidelines in 2000
LEED Professional Accreditation -
building professionals with the knowledge
and skills to successfully steward the
LEED certification process
Sustainable Building and
Construction Initiative (SBCI) was
launched by the United Nations
Environment Program (UNEP) in
February 2006
 Buildings
In the United States alone, buildings account for:
65% of electricity consumption
36% of energy use
39% of greenhouse gas emissions
30% of raw materials use
30% of waste output (136 million tons annually)
12% of potable water consumption

Buildings are one of the heaviest consumers of natural

resources
Factors that are expediting the growth of green building:
Unprecedented level of government initiatives
Heightened residential demand for green construction
Improvements in sustainable materials
Green Building by the Numbers
The value of green building construction is
expected to exceed $12 billion in 2008 and
is projected to increase to $60 billion by
2010.
The construction market accounts for
14.2% of the $10 trillion U.S. GDP
The construction market involves a
workforce of 120 million people
The three largest segments for
nonresidential green building construction
(office, education and health care) will
account for more than 80% of total
nonresidential green construction in 2008.
 Benefits of Green Building
Environmental
benefits:
Enhance and protect
ecosystems and
biodiversity

Improve air and water

quality

Reduce solid waste

Conserve natural
resources
 Benefits of Green Building
Economic benefits:
Reduce operating costs

Enhance asset value and

profits

Improve employee
productivity and
satisfaction

Optimize life-cycle
economic performance
 Benefits of Green Building
Health and community
benefits:
Improve air, thermal, and
acoustic environments
Enhance occupant comfort
and health
Minimize strain on local
infrastructure
Contribute to overall
quality of life
 What will green cost?
The most common reason for not incorporating green
elements into building designs is the increase in first cost
Reasonable levels of sustainable design can be
incorporated into most building types at little or no
additional cost.
Sustainable materials and systems are becoming more
affordable, sustainable design elements are becoming
widely accepted in the mainstream of project design, and
building owners and tenants are beginning to demand
and value those features.
However, advanced or innovative sustainable features
can add significantly to the cost of a project and must be
valued independently to ensure that they are cost-
and/or environmentally effective.
 What will green cost?
The cost for incorporating sustainable design elements
will depend greatly on a wide range of factors, including
building type, project location, local climate, site
conditions, and the familiarity of the project team with
sustainable design.
In most cases, these factors have a relatively small
but still noticeable impact on the overall cost of
sustainability.
Cumulatively, however, they can make quite a
difference

There can be no single answer to the question, but it is

easier to answer the question What will green cost me
on my project?
 LEED for Homes
LEED for Homes Checklist
8 categories:
Innovation and Design
Process (ID)
Location and Linkages (LL)
Sustainable Sites (SS)
Water Efficiency (WE)
Energy and Atmosphere (EA)
Materials and Resources (MR)
Indoor Environmental Air
Quality (EQ)
Awareness and Education
(AE)
Rating:
Certified: 45-59
Silver: 60-74
Gold: 75-89
Platinum: 90-136
Initiative for Affordable Housing
 LEED for New Construction
LEED-NC Rating System is designed to guide and distinguish
high-performance commercial and institutional projects
Includes office buildings, high-rise residential buildings,
government buildings, recreational facilities, manufacturing
plants, and laboratories
Rating:
Certified: 26-32 points
Silver: 33-38 points
Gold: 39-51 points
Platinum: 52-69 points

LEED-New Construction (NC) buildings are delivering

anticipated energy savings
LEED energy use is 25-30% better than the national average
 LEED for Existing Buildings
The LEED for Existing Buildings
Rating System helps building
owners and operators measure
operations, improvements and
maintenance on a consistent scale,
with the goal of maximizing
operational efficiency while
minimizing environmental impacts

Addresses whole-building cleaning and maintenance issues

(including chemical use), recycling programs, exterior
maintenance programs, and systems upgrades

It can be applied both to existing buildings seeking LEED

certification for the first time and to projects previously
certified under LEED for New Construction or Core & Shell
 LEED for Commercial Interiors
LEED for Commercial Interiors
is the green benchmark for the
tenant improvement market
(office, retail, and institutional
buildings)
Tenants who lease their space
or do not occupy the entire
building can LEED certify their
space as a green interior
Benefits:
Healthy, productive places to work
Less costly to operate and maintain
Have a reduced environmental
footprint
 LEED for Core & Shell
Core and shell covers base building
elements such as structure, envelope
and the HVAC system
Core and shell covers base building
elements such as structure, envelope
and the HVAC system
Complementary to the LEED for
Commercial Interiors rating system
Acknowledges the limitations of
developers in a speculatively developed
building and encourages the
implementation of green design and
construction practices in areas over which
the developer has control
Developers can often implement green
strategies that indirectly benefit future
tenants. Conversely, developers can
inadvertently implement strategies
that prohibit tenants from executing green
fit-outs
Works to set up a synergistic relationship,
which allows future tenants to capitalize
on green strategies implemented by the
developer
 LEED for Schools
Recognizes the unique nature
of school spaces and childrens
health issues

Addresses issues such as

classroom acoustics, master
planning, mold prevention and
environmental site assessment

Green schools are productive

learning environments with
ample natural light, high-quality
acoustics and air that is safe to
breathe

Green schools nurture children

while saving money
LEED for Retail
LEED for Retail is in Pilot

Recognizes the unique nature

of the retail environment and
addresses the different types
of spaces that retailers need
for their distinctive product
lines.

USGBC and over 80 Pilot

project teams are
collaborating to create two
new rating systems:
LEED for Retail: New
Construction
LEED for Retail: Commercial
Interiors
LEED for Healthcare
Developed to meet the unique needs of
the health care market, including
inpatient care facilities, licensed
outpatient care facilities, and licensed
long term care facilities

It may also be used for medical offices,

assisted living facilities and medical
education & research centers

Addresses issues such as increased

sensitivity to chemicals and pollutants,
traveling distances from parking
facilities, and access to natural spaces

Represents a culmination of four years

of close collaboration between the
Green Guide for Healthcare (GGHC)
and USGBC.
 LEED for Neighborhood
Development
The LEED for Neighborhood
Development Rating System is
currently in its pilot period

It integrates the principles of smart

growth, urbanism and green building
into the first national system for
neighborhood design

Purposes:
Reduce urban sprawl
Encourage healthy living
Protect threatened species

A collaboration among USGBC, the

Congress for the New Urbanism and
the Natural Resources Defense
Council
 Federal/State Requirements
The system is rapidly
spreading federal
departments and agencies and
state and local governments
are adopting LEED as a
guideline or are adopting other
LEED incentives
The federal government now
requires that new official
buildings above a certain size
be LEED-certified
Several cities have adopted
similar measures
LEED The System

- LEED was a step in the

right direction
- Created a national
standard, providing
reliable information, a
rigorous rating system,
and a checklist for going
green

- However, there are

serious problems
 Problems with LEED
- LEED has become expensive, slow, confusing, and
unwieldy, resulting in:
- Mediocre green buildings where certification, not
environmental responsibility is the primary goal

- A few super high level eco-structures built by ultra motivated

and wealthy owners stand as a beacon of impossibility

- Explosion of LEED certified architects and engineers

chasing lots of money but designing few buildings

- Discouraged group of professionals who want to build green

but cant afford to certify their buildings
Problems with LEED
System is easy to manipulate

Focus on points, not environmental

benefits
points game
get the PR benefits of a green project
without actually having the most
environmentally friendly building
- a $395 bike rack and a multimillion-dollar
low-energy A.C. system both get one point

Basic certification is too low a hurdle to

merit the green stamp of approval
developers can rack up the minimum
number of needed points without going
much beyond the requirements
 Problems with LEED
System does not consider
regional differences
Water conservation is more
important in some areas

Neglects the importance of a

buildings life cycle

Location is not emphasized

enough

No penalties for non-

compliance after certification
 Cost Problems
Developers have to bring in many
consultants and reviewers to approve
each step

Can significantly raise building costs

The USGBC's fees for registration range

from $750 to $3,750, and certification runs
from $1,500 to $7,500, depending on the
size of the building.

The big costs come in the form of energy

modeling, commissioning, and other
requirements of certification; these can run
into the tens of thousands of dollars,
according to architects and developers
 Green building - Myths
Many reports incorrectly state that green building
and LEED certification in particular does not cost
more than conventional building
Green building costs more than conventional
construction
LEED certification typically adds 1-5% to the budget
The myth that going green costs nothing is
damaging to clients who discover the reality of the
process
The danger is that LEED certification could eat away
funds that could otherwise be used to improve a
building
LEED the future
The idea behind LEED is a
worthy goal, there have just
been problems in the
execution

LEED does not guarantee

energy efficiency

Some critics argue that the

basic certification is too low a
hurdle to merit the green
stamp of approval
developers can rack up the
minimum number of needed
points without going much
beyond the requirements
 Solutions to LEED
Shift the focus from points to environmental
benefits:
Make more critical credits mandatory (energy efficiency)

If the cost of LEED continues to go up, then ppl will

stop seeking LEED certification
Provide for additional cost cuts

The USGBC is working to address member

concerns and refine LEED while broadening it to
cover more types of building projects

LEED in an ongoing project, constantly being

revised and approved upon
Thank you.