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SUSTAINABILITY, GREEN BUILDING AND GREEN DEVELOPMENT

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USGBC LEED Rating Systems LEED-NC 2.2 Rating System LEED-NC 2.2 Slide 13 Slide 14 Conn. Gen. Stat. Section 16a-38k Public Act No. 07-242, Section 78(b); ... – PowerPoint PPT presentation

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Title: SUSTAINABILITY, GREEN BUILDING AND GREEN DEVELOPMENT


1
SUSTAINABILITY, GREEN BUILDING AND GREEN
DEVELOPMENT
  • Connecticut Bar Association
  • Real Property Section
  • December 4, 2008
  • Robert J. Sitkowski, Esq., AIA, LEED-AP

2
What is Sustainability?
  • Balance and Integration of The Three Es
  • Social (Equity) Goals
  • Environmental Goals
  • Economic Goals
  • The Triple Bottom Line
  • People
  • Planet
  • Profit

3
What is Sustainable Development?
  • Development that meets the needs of the present
    without compromising the ability of future
    generations to meet their own needs.
  • United Nations. 1987. "Report of the World
    Commission on Environment and Development."
    General Assembly Resolution 42/187, 11 December
    1987.

4
What is Responsible Growth?
  • According to the February 4, 2008 Report of the
    Responsible Growth Task Force to Governor Rell

5
What is Responsible Growth?
  • Responsible growth is economic, social, and
    environmental development that uses land and
    resources in ways that enhance the long-term
    quality of life for Connecticuts current and
    future generations. Responsible growth supports a
    vibrant and resilient economy and preserves the
    natural resources upon both of which that quality
    of life depends. Responsible growth maximizes
    previous investments in existing infrastructure
    while preserving distinctive landscapes, historic
    structures, landmarks, and villages.

6
What is Responsible Growth?
  • Responsible growth requires leadership and
    governance of the highest caliber to prioritize
    public decisions in a manner that maximizes the
    long-term benefits to the states residents and
    communities. It demands a collaborative approach
    to analysis, decision-making, and evaluation
    between and among all levels of government to
    ensure consistency with integrated local,
    regional, and state-wide vision, plans, and
    strategies.

7
Framework Buildings v. Development Pattern
  • Buildings account for 30 to 40 of global energy
    use, be it in construction, operation or
    demolition.
  • Less attention has been focused on patterns of
    development, but this is changing
  • Different focus than other climate change
    discussions in the news

8
Green Building
  • United States Green Building Council (USGBC) LEED
    System
  • Energy Star (USEPA)
  • Green Building Initiative (GBI) Green Globes
    System
  • ICC/NAHB National Green Building Standard
    (Residential only)
  • Build Green Connecticut
  • International Initiative for a Sustainable Built
    Environment (iiSBE) SB Tool 07

9
What is LEED?
  • Leadership in
  • Energy and
  • Environmental
  • Design

10
USGBC LEED Rating Systems
11
LEED-NC 2.2 Rating System
  • Sustainable Sites
  • Water Efficiency
  • Energy Atmosphere
  • Materials Resources
  • Indoor Environmental Quality
  • Innovation in Design

12
LEED-NC 2.2
  • Levels
  • Certified 26 32 points
  • Silver 33 38 points
  • Gold 39 51 points
  • Platinum 52 69 points
  • Timing
  • Design (100 CDs)
  • Construction (Substantial Completion)

13
LEED 2009
  • Certified 40 points
  • Silver 50 points
  • Gold 60 points
  • Platinum 80 points
  • Total Base Points ? 100
  • Bonus 10 Innovation Regionalization Points
  • 110 Possible Points

14
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15
Conn. Gen. Stat. Section 16a-38k
  • (a) Notwithstanding any provision of the general
    statutes, any (1) new construction of a state
    facility that is projected to cost five million
    dollars, or more, and for which all budgeted
    project bond funds are allocated by the State
    Bond Commission on or after January 1, 2008, (2)
    renovation of a state facility that is projected
    to cost two million dollars or more, of which two
    million dollars or more is state funding,
    approved and funded on or after January 1, 2008,
    (3) new construction of a facility that is
    projected to cost five million dollars, or more,
    of which two million dollars or more is state
    funding, and is authorized by the General
    Assembly pursuant to chapter 173 on or after
    January 1, 2009, and (4) renovation of a public
    school facility as defined in subdivision (18) of
    section 10-282 that is projected to cost two
    million dollars or more, of which two million
    dollars or more is state funding shall comply
    with or exceed compliance with the silver
    building rating of the LEED , or an equivalent
    standard, including, but not limited to, a
    two-globe rating in the Green Globes USA design
    program until the regulations described in
    subsection (b) of this section are adopted. (b)
    Not later than January 1, 2007, the Secretary of
    the Office of Policy and Management, in
    consultation with the Commissioner of Public
    Works, the Commissioner of Environmental
    Protection and the Commissioner of Public Safety,
    shall adopt regulations, in accordance with the
    provisions of chapter 54, to adopt state building
    construction standards that are consistent with
    or exceed the silver building rating of the
    Leadership in Energy and Environmental Design's
    rating system for new commercial construction and
    major renovation projects, as established by the
    United States Green Building Council, including
    energy standards that exceed those set forth in
    the 2004 edition of the American Society of
    Heating, Ventilating and Air Conditioning
    Engineers (ASHRAE) Standard 90.1 by no less than
    twenty per cent, or an equivalent standard,
    including, but not limited to, a two-globe rating
    in the Green Globes USA design program, and
    thereafter update such regulations as the
    secretary deems necessary.

16
Public Act No. 07-242, Section 78(b) Codified at
Conn. Gen. Stat. Section 29-256a(b)
  • For Private Buildings
  • 5 Million New Building Permit applied for on
    or after January 1, 2009
  • 2 Million Alteration Building Permit applied
    for on or after January 1, 2010
  • LEED Silver/Green Globes/Equivalent

17
Public Act No. 07-242, Section 78(b) Codified at
Conn. Gen. Stat. Section 29-256a(b)
  • Status of Pending State Building Code Amendments
  • Codes Amendment Subcommittee met December 2, 2008
    to begin development of green building code
    provisions
  • Projected timeline calls for draft Codes
    Standards Committee-approved green building code
    provisions to be submitted to AGs office by
    Summer 2009

18
What is LID?
  • Low
  • Impact
  • Development

19
http//clear.uconn.edu/tools/lid/index.htm
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24
LEED-ND Rating System
  • Smart Location Linkage
  • 30 possible points
  • Neighborhood Pattern Design
  • 39 possible points
  • Green Construction Technology
  • 31 possible points
  • Innovation Design Process
  • 6 possible points

25
Ratings
  • Levels
  • Certified 40 49 points
  • Silver 50 59 points
  • Gold 60 79 points
  • Platinum 80 106 points
  • Timing
  • Pre-Review (before permits and approvals have
    been obtained)
  • Approved Plan (after approvals but before
    construction)
  • Completed Neighborhood Development

26
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27
Pilot Projects in CT
  • Storrs Center (Mansfield)
  • Georgetown (Redding)
  • 745 Chapel Street (New Haven)
  • Metro Green (Stamford)
  • Harbor Point (Stamford)
  • River Oaks (Simsbury)

28
LEED-ND 2009 Approval Process
  • First Public Comment Period (11/17/08 1/5/09)
  • Second Public Comment Period will incorporate
    recommended changes
  • Final draft delivered to USGBC members for
    balloting
  • For additional information see www.usgbc.org/leed/
    nd

29
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32
Compact Development is Green Development
  • Such Plan of Conservation and Development shall .
    . . be designed to promote, with the greatest
    efficiency and economy, the coordinated
    development of the municipality and the general
    welfare and prosperity of its people and identify
    areas where it is feasible and prudent (i) to
    have compact, transit accessible,
    pedestrian-oriented mixed use development
    patterns and land reuse, and (ii) to promote such
    development patterns and land reuse, . . ..
  • General Statutes Section 8-23(d)(1)(C)

33
  • The only thing people like less than sprawl is
    density.

34
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35
Future Industry Trends
  • Possible ongoing requirements to ensure proper
    building operation and management
  • Widespread adoption of LEED standards by state
    and local governments
  • Development and adoption of LEED-based building
    code provisions
  • ASHRAE Proposed Standard 189.1 Standard for the
    Design of High-Performance Green Buildings Except
    Low-Rise Residential Buildings

36
Top Issues Facing Real Estate Attorneys
  • Liability resulting from claims made by
    developers/builders/sellers
  • Review contract clauses to ensure it properly
    addresses Green standards and the parties
    expectations
  • Ensure that building performance is not
    overstated
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