June 30, 2008
Welcome to the first issue of USGBC’s Advocacy and Policy Update!
Across the country, cities and states are recognizing green building as a way to protect the environment, promote energy independence, save money and create healthier places to live, work and learn. And by leading by example, many governments are helping transform the building marketplace. At the national level, green building is also gaining recognition as an essential strategy for addressing the climate and energy challenges we face today. Owing in no small part to the commitment, skill and creativity of advocates nationwide, green building is featured in a growing number of public policies.
Through our new Advocacy and Policy Update, we hope to provide the green building community with information and resources to support and advance this critical work. This e-newsletter, to be published four times per year, will feature legislative highlights from all levels of government, news about recent policy adoptions, and stories from advocates in the field who are making this transformation possible.
We hope you enjoy this first issue. To ensure that you receive future issues, please be sure to subscribe to the Advocacy and Policy Update.
Energy Law Promotes Energy Efficiency, Green Buildings
2007 was a landmark year for green building. In addition to significant growth in the number of green building policies at the state and local level, green buildings gained unprecedented recognition as a component of federal energy policy. In December, President Bush signed into law the Energy Independence and Security Act of 2007 (EISA), an important step toward an environmentally responsible and energy-efficient future. » Read more
USGBC Testifies about Green Building before Congress
As part of its ongoing efforts to craft solutions to the climate and energy challenges now facing the nation, Congress recently turned its attention to the role that green buildings can play in mitigating climate change and improving energy efficiency. In the last two months, USGBC testified at three congressional hearings, addressing opportunities for federal leadership in advancing greener buildings and homes, and for reducing the carbon footprint of the U.S. Capitol complex.
» Read more
House Passes $6.4 Billion for Green Schools
Today, millions of students attend schools considered below standard or dangerous, and thousands of school buildings are in such desperate need of repair that the air within them is unfit to breathe. This situation is particularly alarming considering that more than 55 million students and more than 5 million teachers, staff and administrators spend their days in school buildings.
Since the launch of the Green Schools Congressional Caucus late last year, several members of the U.S. House have introduced bills that would provide much-needed funding not only to help bring schools up to standard, but also to support the use of green building strategies that enable healthier learning environments, reduce energy and water consumption, and save money. » Read more
House Passes Green Public Housing Legislation
The U.S. House in January passed significant legislation that promotes the creation of healthier and more environmentally-responsible federal public housing projects. » Read more
Congress Has Yet to Extend Crucial Tax Incentives
In May, the U.S. House approved critical extensions of several renewable energy and energy efficiency tax credits that recently lapsed or are set to expire at the end of 2008.
» Read more
House Committee Considers Incentives for Energy-Efficient Homes and Mortgages
Targeting current economic and energy challenges, Rep. Ed Perlmutter (D-CO) introduced legislation in May that seeks to improve the energy efficiency of homes throughout the country. The Green Resources for Energy Efficient Neighborhoods (GREEN) Act of 2008 Act (H.R. 6078) seeks to promote consumer access to energy efficient homes by providing incentives to lenders and banks that offer low-interest mortgages and other benefits. The bill also includes several requirements for federally-backed lenders.
» Read more
Maryland Enacts Landmark Green Building Law for Public Facilities and Schools
Shortly after Earth Day, Maryland Governor Martin O’Malley signed into law landmark green building legislation requiring large public buildings and K-12 school projects using state funds to achieve LEED Silver certification or a comparable green buildng certification system. » Read more
Metro Washington Council of Governments Takes Collaborative Action on Climate Change
Recognizing greenhouse gas reduction as an issue that transcends local borders, the 21 localities that surround the nation’s capital and make up the Metropolitan Washington Council of Governments (MWCOG) published a best practices guide of programs and policies that are working to reduce greenhouse gas emissions in the region. » Read more
Energy Law Promotes Energy Efficiency, Green Buildings
2007 was a landmark year for green building. In addition to significant growth in the number of green building policies at the state and local level, green buildings gained unprecedented recognition as a component of federal energy policy. In December, President Bush signed into law the Energy Independence and Security Act of 2007 (EISA), an important step toward an environmentally responsible and energy-efficient future. Among other provisions, EISA includes several initiatives that seek to advance the use of green building practices in both the public and private sectors, including:
• a requirement that the Secretary of Energy identify a green building certification system and level for new construction and major renovations of federal facilities
• a requirement that the Secretary of Energy revise efficiency standards for new federal buildings and federal buildings undergoing major renovations to eliminate fossil fuel energy use by 2030
• the creation of two new offices within the federal government to coordinate activities related to green building
• the authorization of $2 billion annually over five years for an Energy Efficiency and Conservation Block Grant program to assist cities, counties and states
• a Commercial Buildings Initiative at the Department of Energy to develop and distribute practices and policies related to the goal of achieving zero-net-energy use for all new commercial buildings by 2030
• a state grant program for school environmental health programs and a federal study on the impact of indoor environmental quality on K-12 students
• a provision authorizing $125 million for a green jobs training program, including $25 million for a green Pathways Out of Poverty Demonstration Program providing job training and assistance to low-income individuals
Click here for a more detailed summary of the law.
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USGBC Testifies about Green Building before Congress
As part of its ongoing efforts to craft solutions to the climate and energy challenges now facing the nation, Congress recently turned its attention to the role that green buildings can play in mitigating climate change and improving energy efficiency. In the last two months, USGBC testified at three congressional hearings, addressing opportunities for federal leadership in advancing greener buildings and homes, and for reducing the carbon footprint of the U.S. Capitol complex.
In June, USGBC Vice President for LEED Technical Development Brendan Owens testified before the Senate Rules and Administration Committee about the ways in which integrated design and LEED can be used to improve the energy efficiency of historic buildings in the U.S. Capitol complex. Building on efforts already underway in the Capitol complex, USGBC and the Architect of the Capitol agreed to convene a meeting of policy makers, design professionals, and facility managers with authority over Capitol facilities to discuss opportunities for future improvements to these buildings.
Also in June, the House Committee on Financial Services considered the Green Resources for Energy Efficient Neighborhoods (GREEN) Act of 2008--legislation that provides for financial incentives, grants, and consumer education programs to promote more energy-efficient homes and buildings. (See related article). Tom Hicks, USGBC’s Vice President of International Programs and LEED for Neighborhood Development, testified before the Committee about the benefits of green building and the potential for federal leadership in this area.
The House Select Committee on Energy Independence and Global Warming also explored green building in a recent hearing titled “Building Green, Saving Green: Constructing Sustainable and Energy-Efficient Buildings.” Michelle Moore, USGBC’s Senior Vice President of Policy and Public Affairs, testified before the Committee in May about the importance of green building to improving energy efficiency and reducing the carbon footprint of newly constructed buildings as well as the existing building stock. Moore also stressed the potential of green schools to address the challenges posed by deteriorating school infrastructure and limited funds. Also testifying before the Committee were actor Ed Norton, a Trustee of the Enterprise Foundation; Mayor Gavin Newsom of the City of San Francisco; Kent Peterson, President of the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE); and Tony Stall, Vice President of Marketing for Dryvit Systems, Inc.
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House Passes $6.4 Billion for Green Schools
Today, millions of students attend schools considered below standard or dangerous, and thousands of school buildings are in such desperate need of repair that the air within them is unfit to breathe. This situation is particularly alarming considering that more than 55 million students and more than 5 million teachers, staff and administrators spend their days in school buildings.
Since the launch of the Green Schools Congressional Caucus late last year, several members of the U.S. House have introduced bills that would provide much-needed funding not only to help bring schools up to standard, but also to support the use of green building strategies that enable healthier learning environments, reduce energy and water consumption, and save money. In late May, the U.S. House passed the 21st Century Green High-Performing Public School Facilities Act (H.R. 3021), which would authorize $6.4 billion in federal grants for fiscal year 2009 to modernize, renovate and repair K-12 public schools. Sponsored by Reps. Ben Chandler (D-KY), George Miller (D-CA) and Dale Kildee (D-MI), the bill also would require that school districts use a defined percentage of funds received under the Act to support projects that comply with green building criteria, including LEED. USGBC expressed its support for the bill as a significant investment in green school construction, and in turn, in the future of America’s children.
H.R. 3021 now awaits consideration by the U.S. Senate. (For the complete text of the bill, please click here).
Several other bills aimed at revitalizing and greening America’s public schools are also working their way through the legislative process.
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House Passes Green Public Housing Legislation
The U.S. House in January passed significant legislation that promotes the creation of healthier and more environmentally-responsible federal public housing projects. The HOPE VI Improvement and Reauthorization Act of 2008 (H.R. 3524) requires that residential developments on HOPE VI revitalization projects must comply with Enterprise’s Green Communities criteria or other systems to be identified by the Secretary of Housing and Urban Development. Similarly, non-residential projects on HOPE VI revitalization sites must comply with green building rating systems to be identified by the Secretary. The bill also provides for priority in the grant selection process to proposed projects that demonstrate greater compliance with green criteria than the required minimums. The bill has been forwarded to the U.S. Senate for consideration. Provisions of this legislation are also included in the Green Resources for Energy Efficient Neighborhoods (GREEN) Act of 2008 (H.R. 6078), which was introduced in the House by Rep. Ed Perlmutter (D-CO) last month and was the subject of a recent House Committee on Financial Services hearing at which USGBC testified (see related
article).
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Congress Has Yet to Extend Crucial Tax Incentives
In May, the U.S. House approved critical extensions of several renewable energy and energy efficiency tax credits that recently lapsed or are set to expire at the end of 2008. Sponsored by Rep. Charles Rangel (D-NY), the Renewable Energy and Job Creation Act of 2008 (H.R. 6049) includes an $18 billion tax package that would extend: the tax deduction for energy efficient commercial buildings, the tax credits for production of and investment in renewable energy, and the tax credit for energy efficient appliances, among other provisions. As with earlier tax legislation passed by the U.S. House, the bill faces opposition from members of the U.S. Senate and the Administration due to its inclusion of "offset" provisions detailing how the government will fund the incentives outlined in the bill, among other concerns. In June, the bill twice failed to receive the 60 votes necessary to allow the Senate to proceed with a vote on the bill. Sen. Max Baucus (D-Mont.), Chairman of the Senate Finance Committee, and Sen. Charles Grassley (R-Iowa) are currently engaged in efforts to garner passage of the incentives by the Senate.
H.R. 6049 is one in a series of legislative attempts to extend these vital tax credits.
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House Committee Considers Incentives for Energy-Efficient Homes and Mortgages
Targeting current economic and energy challenges, Rep. Ed Perlmutter (D-CO) introduced legislation in May that seeks to improve the energy efficiency of homes throughout the country. The Green Resources for Energy Efficient Neighborhoods (GREEN) Act of 2008 Act (H.R. 6078) seeks to promote consumer access to energy efficient homes by providing incentives to lenders and banks that offer low-interest mortgages and other benefits. The bill also includes several requirements for federally-backed lenders. In June, Tom Hicks, USGBC Vice President of International Programs and LEED for Neighborhood Development, testified before the House Financial Services Committee about the role that the legislation can play in improving the energy efficiency of homes and buildings throughout the country (see related article).
The GREEN Act requires that Fannie Mae and Freddie Mac must incorporate energy- and location-efficient mortgages, which help homeowners finance the purchase of energy-efficient homes or improvements, within their portfolios as part of their goals for complying with federal lending requirements. The bill would provide additional credit to these institutions for providing mortgages for properties that meet energy efficiency and green building standards, including LEED. Among other provisions, the bill also provides for an educational outreach campaign to publicize energy- and location-efficient mortgages and other available benefits, and encourages the creation of green banking information centers for consumers.
Acknowledging the role of states and localities in encouraging more energy-efficient homes, the GREEN Act authorizes the creation of a Residential Energy Efficiency Block Grant Program. The legislation requires that, in awarding grants received through the program, states and localities must give preference to activities that will lead to compliance with energy efficiency and green building standards. It also requires that affordable housing revitalization projects funded under the federal HOPE VI program must comply with green building criteria (see related article).
Hicks praised the bill’s recognition of the role that consumer education as well as government support and leadership can play in advancing more energy-efficient homes and buildings.
For the complete text of the bill, click here.
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Maryland Enacts Landmark Green Building Law for Public Facilities and Schools
Shortly after Earth Day, Maryland Governor Martin O’Malley signed into law landmark green building legislation requiring large public buildings and K-12 school projects using state funds to achieve LEED Silver certification or a comparable green building certification system. USGBC chapters in Maryland worked with the Governor and state legislators to ensure the bill’s passage. Maryland, with its tremendous network of green schools advocates, was able to take a great stride toward a healthier and more environmentally responsible future for the state and its children.
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Metro Washington Council of Governments Takes Collaborative Action on Climate Change
Recognizing greenhouse gas reduction as an issue that transcends local borders, the 21 localities that surround the nation’s capital and make up the Metropolitan Washington Council of Governments (MWCOG) published a best practices guide of programs and policies that are working to reduce greenhouse gas emissions in the region.
The study, released on February 26, 2008, highlights best practices in multiple areas, including: transportation, education, waste management, land use management, alternative financing, and green building. LEED addresses many of these issue areas, and was recognized in the report as “a key component” of local policies that address energy efficiency and green buildings in the public and private sectors.
The publication, National Capital Region: Best Practices and Policies to Reduce Greenhouse Gases, was developed as a response to commitments by the MWCOG to address climate change and follows the release of a comprehensive report on green building titled Greening the Metropolitan Washington Region’s Built Environment, which was released in December of last year. The COG identified LEED as the region’s green building rating system of choice, specifically recommending LEED Silver as the accepted benchmark for municipal construction. In addition, the report outlined five recommendations to the COG for the further incorporation and integration of LEED into the region’s best practices and benchmarks.
Joan Kelsch, an environmental planner in Arlington County who worked on the MWCOG report, testified in April before a U.S. House subcommittee about greening the National Capital Region. Kelsch’s testimony referenced successful green programs in the region as well as several of the findings from the MWCOG’s green building report. Kelsch also suggested ways in which Congress could help states, regions and localities in their efforts to implement energy efficiency and sustainability programs. The House subcommittee also received testimony about building practices, such as green roofing, daylighting, and other innovative building sciences employed to reduce energy and conserve water. The reports can be found on MWCOG’s Web site at www.mwcog.org.
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From the Desk of:
Lynne Barker, former Sustainable Communities Planner, City of Seattle
 In my time with the City of Seattle, I had a hard time finding resources to help local governments think and act strategically on climate issues. I believed that local governments would become the drivers of change and began my quest to address this void in the marketplace. I established a partnership between the City of Seattle, U.S. Green Building Council, ICLEI – Local Governments for Sustainability and over 20 cities and counties, non-profit organizations, state and federal agencies, and utilities to develop the web-based Playbook for Green Buildings + Neighborhoods. The Playbook helps local governments take immediate action on climate change by rapidly advancing green buildings, neighborhoods and infrastructure. This web-based resource shows how strategic actions in these sectors promote economic development, build healthier communities, strengthen energy independence, and support climate protection.
A Learn, Plan, Act Approach
Each section contains briefings for elected officials, background materials for staff, detailed how-to resources gleaned from local governments across the country, and practical strategic guidance.
The Playbook focuses on three primary areas:
• Green Buildings: This section helps to make the case for action, provides guidance about careful planning, and recommends effective policies and strategies to practice and promote green building.
• Green Neighborhoods: This section introduces an approach to building a robust plan around realistic targets, recommends a comprehensive suite of short- and long-term actions to take, and offers access to useful tools and resources.
• Green Infrastructure: This section offers strategic solutions to help advance sustainable infrastructure through collaboration, "quick wins," tools, policy recommendations, and leading actions.
The need for the Playbook is clear. Cities, counties, states and federal agencies serve as early adopters in their respective markets. For example, there are more than 480 federal, state and local government LEED-certified projects, representing approximately 59 million square feet of real estate. Another 3,300 government projects are in the pipeline as LEED-registered projects, representing more than 550 million square feet of real estate. Where public policies exist, market demand for green building is high or accelerating.
Public policy may become an even more important driver for expanding green building as mayors across the nation are stepping up to take on the climate challenge – a challenge initiated by Seattle Mayor Greg Nickels through the U.S. Conference of Mayors Climate Protection Agreement. More than 850 mayors have now signed the Agreement, collectively representing more than 25% of the U.S. population.
I encourage you to visit the Playbook for Green Buildings + Neighborhoods to learn how this resource can help you advance policies and strategies in your community. Or, if your city or county has recently adopted new and innovative leading actions or public policies, please allow us to share that information and we will post it on the Playbook (send to info@greenplaybook.org).
Lynne Barker, formerly Sustainable Communities Planner for the City of Seattle, has recently moved to ICLEI – Local Governments for Sustainability as Program Director for the STAR Community Index. Learn more about STAR in our next newsletter.
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Ask an Advocate:
Keith Sanders, South Carolina Advocacy
 Keith Sanders of Columbia, South Carolina is a project architect with CDA Architects, a founding member and Past President of the USGBC-SC Chapter, and a longtime advocate for green building. Keith’s inspiration for sustainability came from his own passion and interest in history and historic preservation as well as the values instilled in him by his mother’s enthusiasm and dedication, as an 8th grade teacher, for teaching earth sciences. Last year, he helped lead the USGBC South Carolina Chapter in its work to pass state green building legislation. Keith has worked on five green building project teams, is currently remodeling his home using the REGREEN Guidelines and has been driving a Honda Civic hybrid since 2003.
Why do you think it is important to advocate for green buildings?
Nearly twenty years ago, Architecture magazine wrote about U.S. energy consumption as a large percentage of the world’s total, and the role of buildings in that calculation. The way I see it, as U.S. architects we have both a public and personal responsibility to design and advocate for green buildings. Besides that, embracing sustainable design has added meaning and direction to my work.
Can you describe a recent advocacy success?
In December of 2006, the President-elect of the South Carolina Chapter, Allen Taylor, and I were contacted by Senator Jim Ritchie (R-District 13 - Spartanburg), who wanted state buildings to lead by example. He was thinking of requiring state‐funded buildings in South Carolina to be LEED-certified. Working closely with the Senator’s Administrative Assistant and USGBC national, Allen and I participated in legislative planning meetings and provided certain helpful supporting documents: examples of other successful legislation, case studies of certified projects throughout the U.S., an analysis developed by the South Carolina Chapter about green building costs and benefits, and energy and water savings of projects certified in South Carolina – a majority of which were public buildings.
In coordination with the chapter and other proponents, we also testified at hearings, wrote letters of support, worked with AIA of South Carolina in educating and garnering support, and participated in the press conference announcing the introduction of the legislation. In 2007, SB 188 became law.
This legislative session, we have provided similar support on legislation to advance green schools and green homes, and also on a commercial incentive bill for LEED for New Construction. The schools and homes bills are currently under consideration. Further, I recently met with the Mayor of Columbia regarding a potential public sector adoption of LEED as well as a potential policy to provide incentives for private development of LEED projects.
What lessons did you learn that you would like to share with others?
First, be prepared to respond and react with short notice (i.e., to attend press conferences, meet with or contact a legislator, appear before a committee). Second, I learned that it is important to get to know the legislative process in your state and at the local level. Finally, develop coalitions with your Chapter and/or Advocacy Committee.
What was most surprising?
It was not surprising but highly gratifying to see the spontaneous standing ovation for Senator Ritchie, who was responsible for the legislation, when he was presented a Leadership Award during our 2nd annual awards dinner.
What other advocacy efforts do you have planned?
We plan to increase awareness about LEED for Schools through a number of strategic channels. We are discussing hosting special events, working with colleges and other higher-education institutions, and developing private-public partnerships for critical research funding. In our efforts to accelerate the uptake of LEED for Homes, we will be developing partnerships with raters, developers, home builders, real estate agents and others.
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Resources
The Playbook for Green Buildings + Neighborhoods
Local governments - Find the tools and resources to rapidly advance green buildings, neighborhoods and infrastructure. Strategic action in these sectors promotes economic development, builds healthier communities, strengthens energy independence, and supports climate protection.
Build Green Schools
BuildGreenSchools.org gives students, parents, teachers, school administrators, elected officials and community members a new resource in the effort to ensure a future of green schools for every child within a generation.
USGBC LEED Public Policy Search
Search for existing LEED initiatives in governments and schools based on numerous criteria, such as level of government, date of passage, location, type of building, and LEED rating system.
Government Resources
Through a variety of resources, USGBC also encourages and facilitates the exchange of information among cities, counties, states and federal agencies to advance the successful development and implementation of green building programs. Here, governments have access to best practices, lessons learned and other initiatives already in place across the country.
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