Third-Party Certification Requirements
Kerrigan Owens (author), Jonathan Rosenbloom & Christopher Duerksen (editors)INTRODUCTION
There are several third-party certification programs for buildings. Each program measures different, but often overlapping, aspects relevant to building sustainably. Several of the programs include Leadership in Energy and Environmental Design (LEED), the Living Building Challenge, and Green Globes.[1] Each program establishes criteria that must be met before getting certified at several different levels.[2] LEED, for example, offers certification for buildings as Certified, Silver, Gold, and Platinum, and Living Building Challenge offers certification for buildings as Living Building Certification, Petal Certification, and Zero Energy Certification.[3] For each level of certification, the building must accumulate a certain number of points or meet other criteria to move to the next bracket.[4] Criteria may cover issues such as stormwater management, energy efficiency, or storage and collection of recyclables.[5]
In enacting these ordinances, local governments have a variety of options. They may make third-party certification a requirement or provide incentives to developers that achieve a certain level of certification. They may also adopt a carrot/stick approach by requiring a certain lower level of third-party certification, while also creating incentives to developers achieving a higher level. In addition, in drafting these ordinances local governments may select a variety of building sizes and types that are subject to the third-party certification requirements and when those buildings are subject to the requirements, such as upon sale, upon major renovation, or upon new construction.
EFFECTS
Buildings in the U.S. contributed to 13% of total water consumption and 38.9% of total carbon dioxide emissions. In addition, those buildings used 38.9% of total energy consumption.[6] Any ordinance incorporating third-party certification may provide a variety of economic, environmental, and social benefits.[7] For example, LEED buildings have been shown to decrease environmental impacts by integrating green design into the buildings and to improve the indoor environmental quality to increase productivity and comfort.[8] The minimum requirements for third-party certifications can also help save energy, water, and generate less waste.[9] Environmentally, depending on the certification being sought, the impacts can include improving air and water quality, conserving natural resources, and protecting biodiversity and ecosystems.[10]
By requiring new construction projects to comply with third-party certification minimums, communities may also experience economic benefits.[11] According to USGBC, LEED certified buildings cost less to operate, as they use more renewable energy sources, conserve electricity when necessary, and are longer-lasting due to the resilience of materials used for construction.[12] The World Green Building Trends 2016 Report found that on average, “Green Buildings” are 14% less costly to operate versus non-green buildings.[13] Further, green buildings are able to charge up to 30% higher rental rates.[14] A study by The World Building Council indicated that the higher the third-party certification, the higher the per square foot rental value of the building.[15] In addition, buildings that have third-party certifications for sustainability have a sale premium of 10-30 percent.[16] Further, the occupancy of third-party certified buildings is 23% higher than those without a green certification.[17]
EXAMPLES
San Anselmo, CA
To promote public health and reduce greenhouse gas emissions, the City of San Anselmo adopted an ordinance requiring LEED certification for certain new construction and renovations.[18] The ordinance requires that developers receive certain certification levels based upon the project’s size.[19] New construction between 2,000 and 4,999 square feet must meet LEED certification.[20] Projects between 5,000 and 49,999 square feet must meet LEED Silver certification.[21] Finally, new projects over 50,000 square feet must meet LEED Gold certification.[22]
The ordinance requires renovations between 5,000 and 24,999 square feet to meet LEED Existing Building certifications and any renovations above 25,000 square feet to meet LEED Silver certification.[23] The ordinance includes additional requirements for sustainability, such as requiring photovoltaic pre-wiring and plumbing designs for future installation of solar water heaters.[24] The ordinance also allows for a “hardship or infeasibility” exemption in which applicants who believe there will be an infeasibility or hardship to comply with the certification levels can apply to be exempted.[25] The application must show that the project will continue to comply with the California Building Energy Efficiency Standards, and the building official will then determine a reasonable compliance for the project based upon the application.[26]
To view the provision, see San Anselmo, CA, Code of Ordinances § 9-19.010 (2010).
Miami Beach, FL
Miami Beach, Florida requires developers of new construction over 7,000 square feet to pay a fee of up to 5% of the construction cost.[27] The City states that the purpose for this program is to combat rising sea levels and mitigate climate change.[28] As a coastal city, Miami Beach views these goals as a priority for the City.[29] The City allows for a refund of the fee based on the level of sustainability certification received.[30] The City will refund 50% of the fee for projects that meet LEED Certified,[31] 66% of the fee for projects that meet LEED Silver , and 100% of the fee for projects that meet LEED Gold or Platinum.[32]
The fee goes to the City’s sustainability fund which is used for environmental restoration projects, monitoring, green infrastructure, and stormwater quality improvement.[33] The sustainability fee program works as a carrot/stick approach to offer incentives for projects that meet higher levels of green building certifications while giving builders the option to not seek third-party certification and pay a fee.[34]
To view the provision, see Miami Beach, FL, Code of Ordinances § 133-5 (2017).
ADDITIONAL EXAMPLES
Boston, MA § 37 (2007) (all proposed new construction subject to “Large Project Review” must meet LEED Certified).
Bonita Springs, FL § 10-126 (2012) (all new residential permitted projects must meet the LEED Program for Homes standards, the current Green Home Designation, or the current Energy Start Certified New Home requirements).
Pittsburgh, PA § 909.01.M.3 (2004) (granting a higher density percentage of public projects if LEED certification levels are met. There is a 5% increase of density for Certified level, 10% for Silver lever, 15% for Gold level, 20% for Platinum level).
CITATIONS
[1] Leadership in Energy and Environmental Design (LEED), U.S. Green Building Council, https://perma.cc/Y9BF-LRXD (last visited May 30, 2018); Green Globes, Green Building Initiative, https://perma.cc/RYD8-8LZB (last visited May 30, 2018); Living Building Challenge, International Living Future Institute, https://perma.cc/G6QG-TJ8S (last visited May 30, 2018).
[2] LEED, supra note 1; Green Globes, supra note 1; Living Building Challenge, supra note 1.
[3] LEED, supra note 1; Living Building Challenge, Certification Pathways, https://perma.cc/UT9H-A2XQ (last visited June 2, 2018).
[4] LEED, supra note 1.
[5] LEED, supra note 1.
[6] Buildings and their Impact on the Environment: A Statistical Summary, Environmental Protection Agency (April 22, 2009), https://perma.cc/332S-BWEM.
[7] LEED, supra note 1.
[8] LEED, supra note 1.
[9] See LEED, supra note 1; See also Living Building Challenge, supra note 1; See also Green Globes, supra note 1.
[10] Living Building Challenge, supra note 1.
[11] See LEED, supra note 1; See also Living Building Challenge, supra note 1.
[12] LEED, supra note 1.
[13] Anica Landreneau, Green Buildings Don’t Have to Cost More, Building Design + Construction (May 02, 2017), https://perma.cc/2J6G-G6QV.
[14] Jessica Dailey, An Introduction to the Cost Benefits of Green Building, Curbed University (May 7, 2013), https://perma.cc/Y5V4-DCW6.
[15] Id.
[16] Bricks, Mortar, and Carbon: How Sustainable Buildings Drive Real Estate Value, Morgan Stanley Institute for Sustainable Investing (2016), https://perma.cc/EC6C-NSXL.
[17] Daily, supra note 13.
[18] San Anselmo, CA, Code of Ordinances § 9-19.010 (2010).
[19] Id.
[20] Id at §9-19.040.
[21] Id.
[22] Id.
[23] Id.
[24] Id at §9-1.209, §9-1.210.
[25] Id at §9-19.070(b).
[26] Id.
[27] Miami Beach, FL, Code of Ordinances § 133-6(a)(2016).
[28] Id. at § 133-2.
[29] Id.
[30] Id at § 133-6(a).
[31] Id.
[32] Id.
[33] Id. at §133-8(a), (c).
[34] See id. § 133-6.