As always, it’s great to have Sarah Grilli contribute.  Here is her latest post:

Last week San Francisco Mayor Gavin Newsom proposed new legislation with co-sponsor City Supervisor Bevan Dufty focused on reducing the energy use of existing commercial buildings over 5,000 square feet. This new law is expected to be passed next month by San Francisco supervisors. San Francisco is currently subject to a strict green building code which was described in detail on a prior blog post. If this new measure passes, it will assist in making San Francisco’s green building legislation one of the most comprehensive of any city nationwide.

In May, we mentioned that the Mayor was planning this legislation, and, as predicted by pundits, it does go far beyond the statewide energy reporting required by AB 1103.  The program proposed by Mayor Newsom implements many of the recommendations suggested by the Task Force on Existing Commercial Buildings. (For our discussion of AB 1103 and our series on the Report from the Mayor’s Task Force On Existing Commercial Buildings, click here).  The legislation is modeled on similar programs in California and Boulder, Colorado, and requires the use of free software from the US EPA.

The cornerstone of the legislation is that it requires building owners to conduct a comprehensive energy audit every five years and an updated audit every year. This emphasis on energy efficiency will provide an additional layer of measurement and verification that is often missed in building codes and third party rating system such as the USGBC’s LEED. However, the newest version, LEED 3.0, does require measurement and verification through a post occupancy audit process. See our prior blog post on this issue here.

The city’s efforts in this regard will provide an important catchall for non-LEED buildings, and even more importantly will focus on existing buildings, not new construction. In theory, once the building owners and managers receive an audit report they will embrace the resulting proposed energy-saving renovations.   Most, if not all, of the available energy-saving renovations are subsidized by Federal and State programs, thus assisting implementation.  Stay tuned to the California Green Building Blog for a comprehensive review of the ordinance if this legislation passes.

UPDATE: This legislation is on the way to passage.  Click here for coverage

As discussed in Part I of this post, LEED version 3.0, first implemented in June 2009 includes enhancements that place greater emphasis on closing the gap between performance expectations and actual performance.  These measures were likely included partially in response to studies focusing on performance of LEED buildings that illustrated a potential for large fluctuations in meeting projected performance levels. Performance is primarily based on energy and systems modeling, and one study of existing LEED buildings found that although LEED buildings are higher performing than regular buildings, the actual performance measurements deviate as much as 25% from projected levels.

Version 3.0 introduces several new elements which will work to close the gap between expected and actual performance. Buildings can now gain more points under both the LEED energy efficiency credits and measurement and verification credits, which include greater emphasis on commissioning, post occupancy monitoring and validation of energy use.

One key component to performance monitoring is that the USGBC now mandates that buildings provide post occupancy data on all LEED-certified structures. Buildings must provide the USGBC with post-occupancy water and energy bills, even if the building changes owners. The USGBC plans to collect and analyze this data to determine areas which need the most improvement and in turn to address these areas in subsequent LEED versions. Data collection is taken seriously, the USGBC has posted the following statement on its website:

“CERTIFICATION MAY BE REVOKED FROM ANY LEED PROJECT UPON GAINING KNOWLEDGE OF NON-COMPLIANCE WITH ANY APPLICABLE MPR.  IF SUCH A CIRCUMSTANCE OCCURS, REGISTRATION AND/OR CERTIFICATION FEES WILL NOT BE REFUNDED.”

MPRs, minimum project requirements, were newly introduced with version 3.0 and require each project to meet certain specified criteria including compliance with environmental laws and providing the energy and water use data referenced above.  If a building’s owner fails to provide this data to the USGBC, the building’s LEED certification MAY be revoked.

The USGBC has not stated that once the building’s data is received and analyzed, if it is not meeting performance criteria, its certification will be revoked. As written, it seems that certification can only be revoked by failing to provide the data itself. We will need to wait to see how this new element plays out upon completion of more 3.0 projects. Maybe in the future the USGBC will take the more drastic step of de-certification for failure to meet projected performance if confirmed by data collection.

Obviously, green building will never be as prolific as it seems destined to be if buildings fail to perform.  The USGBC’s recent changes, along with the actions taken by the BSC and ASHRAE (discussed in Part I of this article) are huge steps in the right direction. This nascent emphasis on actual building performance is a trend that will increase significantly as green building continues to gain traction and a larger percentage of LEED buildings’ post-occupancy performance can be tracked and analyzed.

Stay tuned to the California Green Building Blog for new information on this topic.

It seems that green building made it to primetime in 2009. Not only are individual projects embracing third party rating systems, the past few years has also seen a meteoric rise in popularity of codifying green as hundreds of cities and towns across the country adopted green elements into their building codes. And, just this January, California became the first state to mandate a state wide green building code.

Despite the hype about the use of sustainable building methods, actual systems performance of green buildings is sometimes neglected and often overlooked. This is because much of the energy and building systems post-occupancy performance evaluations are based on pre and mid construction modeling and calculations. People have finally seriously begun to ask the question: are green buildings meeting their performance expectations?

If a building does not perform as promised, it not only fails to deliver, it could lose its marketing edge, lose its tax or government incentives, and could even be faced with a lawsuit over these failed expectations. Thankfully, this was also the year that these concerns began to be concretely addressed. California’s Building Standards Commission (BSC), the American Society of Heating, Refrigerating and Air-Conditioning Engineer’s (ASHRAE), and the US Green Building Counsel (USGBC) all placed greater emphasis on building performance by including heightened commissioning and mandatory post-occupancy performance evaluations in their rating systems or mandates.

California’s new “CALGreen” building codes place emphasis on the typical areas such as site sustainability, water use efficiency, energy efficiency, indoor environmental quality, air pollution, and materials and resources, but also include the often under emphasized requirement of commissioning. Commissioning is added assurance that all the building’s subsystems for HVAC, plumbing, electrical, fire/life safety, and building security are operating as intended by the owner and as intended by the building architects and engineers. It is a key element in achieving reduced energy levels and ensuring a high performance green building. The BSC recognized this and included in the CALGreen building codes a requirement for a pre-construction commissioning plan as well as the mandatory preparation of a commissioning report recommending post occupancy commissioning and systems operation training.

Another major recent development is ASHRAE’s newly released Standard 189.1, published in conjunction with the Illuminating Engineering Society of North America and the USGBC. The ASHRAE standard was developed with the intention that it will be adopted and incorporated into building codes. Standard 189.1 increases energy savings over the prior commonly used Standard 90.1. It requires that measurement devices with remote communication capability be installed to collect energy consumption data. Energy subsystems like the building’s HVAC system, or elevators are also required to collect and store data if the subsystems collective load exceeds specified thresholds.  Data must be collected daily with hourly energy use profiles and must be retained for at least 3 years. This will assist building owners and operators as well as local jurisdictions meet their sustainability targets and is intended to complement LEED and other existing green building rating standards.

Finally, the leading market based rating system developed by the USGBC, LEED, released a new version 3.0 last June which includes enhanced commissioning requirements placing further emphasis on building performance… Stay tuned for part II of this post for more information.

Editor’s Note:  The CGBB is always pleased to have Sarah Grilli contribute, and here is her latest post:

On Tuesday January 12, 2010 California became the first state in the USA to pass a state-wide building code that requires comprehensive sustainable construction and energy reduction. Currently voluntary, the CalGreen Codes are mandatory starting January 2011.

The codes focus on all aspects of sustainable buildings (materials, energy, water, construction and other waste). An important piece of the legislation that media failed to mention, however, is the requirement for building commissioning and post occupancy systems management. This often overlooked piece is seen as a huge victory by the USGBC whose LEED version 3.0 also placed significant emphasis on systems performance elements.

Several California environmental organizations such as the Sierra Club and NRDC along with, Build-it-Green and the USGBC (the two leading CA organizations with private green rating systems) have opposed certain elements of the codes.  A key concern for some of these groups is the fear the new code will allow developers to market a development as “green” by building to code instead of the more stringent private rating systems.  Thus, the new codes may cause marketplace confusion about the definition of a “green” building.

These concerns are legitimate.  The fight to define “green,” is the subject of constant debate.  Take the term “organic” for example.  The federal “organic” label is regularly the subject of litigation and debate.  Is “green” different?

As sustainable building measures become commonplace, the building community and the public will strive to comprehend what elements make a building “green.”  People may still opt for buildings that exceed the State’s green code, but the state now provides an easier option.  As long as the codes are enforced, smaller California communities without any green elements in their building codes will benefit enormously. This is precisely the reason a national energy efficiency building code is needed.

It is possible that “green building” will follow a similar path as “organic,” and the federal government will pass a national energy efficiency building code (See our post on the subject here and a fact sheet from the EPA here). There will always be variations on quality, but at the end of the day what’s most important is that “green building” practices become the norm.

A key objective of green building is improving the health of building inhabitants.  The US EPA has reported that Americans spend 90% of their time on average indoors, making healthy indoor environments seem like an obvious choice. And building a healthy environment for healing seems like an even more obvious choice.  Centuries ago, didn’t doctor’s instruct the sick to recuperate  in the countryside partially because something about clean air and a non-toxic environment led to healing? Well, it seems that modern medicine has begun to recall this basic remedy, and the push for greening healthcare environments has finally begun to make some inroads.

In San Francisco last month a partner at our firm, Eric Phillips, spoke at the Greening Hospitals Breakfast Form event organized and sponsored by Turner Construction, HDR Architects, Mazzetti & Associates and Bell, Rosenberg & Hughes. The forum was a chance for hospital employees, contractors and design professionals in the healthcare trade to obtain an inside scoop on the newest offerings from organizations  working to facilitate green hospital construction. Green hospital construction faces specific challenges such as 24 hour energy loads, excessive amounts of chemicals and contaminated wastes, and fragile inhabitants. Healthcare facility owners, designers and contractors also have the additional  legal challenges of complying with strict regulations that ensure the safety of their buildings. In California, OSHPD is the agency overseeing all hospital construction, adding yet another hurdle to building healthcare facilities.

Other speakers at the forum included members from The Green Guide for Healthcare (GGHC)  the USGBC, and the The Global Health and Safety Initiative (GHSI). Each of the speakers  explained how their organizations products and services will assist in creating healthy and green healthcare facilities. GGHC is a voluntary self-certifying system that has been available free on-line since its inception in 2003. GGHC launched a comprehensive certifying system, version 2.2 in January 2007, and the operations section of the toolkit was recently updated in 2008. The GGHC is similar to the LEED products and is based on a point based system where each credit includes an intent, referenced standard, suggested documentation, and potential technologies and strategies. It also includes a section with input by a doctor identifying the health impact of each credit.

The GGHC and the USGBC have had an amicable relationship, and currently, they have been collaborating to create LEED for healthcare, a new LEED product specifically aimed at green health care facility design and construction.  LEED for Healthcare is undergoing a second public comment period, but will likely be released in late fall 2009. 

Lastly, a representative from the GHSI spoke about their organization which is a collaboration of groups and hospitals who’s goal is to promote healthy environments for healthcare facilities. Launched in California in October, 2007, the GHSI seeks to bring together everyone working within the healthcare sector and provide a resource for these organizations and groups. By working in collaboration they aim to transform and green the way that healthcare designs, builds and operates its facilities and products within those facilities by education, outreach and it even providing concrete assistance such as listing product choices on its website.

These organizations are optimistic that their resources will  make it an easier choice for healthcare designers and builders to build healthy facilities. And judging from the strongly positive audience response at the breakfast forum, this is just the beginning of this emerging field. Stay tuned to the California Green Building Blog for further reporting on this exciting topic.

The International Code Council (“ICC”) recently announced that it is developing a model green building code for commercial buildings. The new code aims to catapult green building techniques into normal building practice. The code will provide guidance in the areas of water reduction, energy efficiency, indoor environmental quality, materials and resource reduction, and overall environmental impacts of the buildings.  The ICC stated in its announcement that it is creating the code while recognizing other rating systems. One can only assume it means the preeminent rating system, the USGBC’s LEED. (ICC’s world headquarters are located in a LEED certified building.) The ICC has also previously developed a residential green building code, ICC 700, which was released on 1/30/09.

The press release issued by the ICC for the new commercial code asks for comments from those working in the field during the drafting process. Comments can be sent to the following address: GreenBuildingCode@iccsafe.com. The ICC also stated that individuals can become even further involved by becoming members of the Sustainable Building Technology Committee, which they allege will play a key role in development of the code. If you are interested in joining the committee, click here.

This new ICC code will be yet another resource for governments to add to their toolbox, and hopefully it will provide even more incentive to cities and countries throughout the world to draft building codes with mandatory green building practices. Some may even decide to adopt the code in its entirety. Stay tuned: this blog will provide a summary of the code once it is released and will follow any standards that adopt all or part of its provisions.

In honor of Earth Day this week, NPR broadcasted a live debate hosted by Intelligence Squared; the motion on the floor:

Major Reductions in Carbon Emissions are Not Worth the Money.

If you are not familiar with Intelligence Squared, they are a fantastic organization that hosts Oxford style debates live in New York City that are broadcasted to a national audience on NPR. The Oxford format is interesting because the audience weighs in at the outset of the debate and once again after completion, and the “winner” is the side that is able to sway a higher percentage of attendees’ minds.

This heated earth day debate include heavy hitters on both sides:
For the motion: Peter Huber, senior fellow at the Manhattan Institute; Bjorn Lomberg, Copenhagen Business School professor and author of The Skeptical Environmentalist; and University of London professor Phillip Stott.
Against the motion: L. Hunter Lovins, founder of The Rocky Mountain Institute and author of Natural Capitalism; Adam Werbach, the youngest ever president of the Sierra Club and San Francisco native; and British journalist Olive Tickell.

I won’t give away the winner because both sides make insightful comments so the debate is definitely worth listening to yourself.

And if you are intrigued by the topic of carbon emissions, another interesting article to read is a NYTimes article on renown scientist Freeman Dyson that has recently sparked controversy and produced a significant amount of feedback from readers.

The Sunday New York Times columnist, Thomas L. Friedman, well-known for his books The World is Flat, and, Hot, Flat and Crowded, is a notorious proponent of green practices. In a recent article, Mother Nature’s Dow, Friedman quotes Hal Harvey, CEO of the foundation ClimateWorks , who states that there are 5 key elements that will ensure the planet is on a forward trajectory in the fight against carbon emissions. The first element Harvey lists is building codes, and he cites California’s Green Building Codes as an example.

As discussed in a previous blog article here, California’s Green Building Codes are currently voluntary, but have been praised as a positive step and an example for other states to emulate. Currently, the Building Standards Commission (“BSC”) is working on a subsequent version of the code that will be mandatory. The codes have been well-received by most Californians, however, some groups would like to see significant changes prior to enactment of the mandatory version. One of these groups is the Northern California Chapter of the US Green Building Council. As a member of the green codes committee, I have been assisting the NCC in their efforts to provide input and recommendations to the BSC during the ongoing drafting process. Currently, the green building code is a separate section of the building code, however, because green building techniques need to be implemented throughout an entire building, the NCC USGBC’s position is that the green codes should eventually be integrated into all sections of the building code.  The group also wants the code to include language that clearly states that it is only setting a floor for green building measures; local cities and towns are not restricted from enacting more stringent legislation. Additionally, to avoid any perception that mere compliance with the code will result in a green building, they suggest changing the name to the Environmental Standards Code.

Another concerned group, the NRDC, recently sponsored legislation, AB 828, that parallels some of the items the NCC USGBC is advocating. The bill also seeks to require more input of other state agencies in the drafting process, such as the Energy Resources Conservation and Development Commission.

Be sure to check back with this blog to stay updated on these efforts and the final version of the regulations. And if you are highly interested in the codes, or if you have ideas to impart to the BSC, attend one of their open meetings, typically announced on the events page of the BSC website.

For many, a highlight of the Green California Expo was the announcement of the Green CA leadership awards.   The awards cut through the green rhetoric and showcase what sustainable efforts are actually being implemented throughout the state. One of the educational sessions I attended at the Expo focused on California’s water crisis and the reality of the three year drought we are currently facing. After one speaker presented the potential doomsday scenarios we may encounter, an interesting solution was discussed. A manager from the Orange County Water District described the system they have recently enacted to avert any possible tragedy from water shortages. In partnership with the Orange County Sanitation District, the OC Water District has created a wastewater purification program called the groundwater replenishment system. Check out photos and an article about the system in Time Magazine here.

The system has been up and running for about a year now and allegedly has already exceeded its economic payback projections. There is a lot of promise with this technology, especially in the water-dependent region of Southern California. However, not everyone is convinced, the speaker noted that in other districts, the system has been met with resistance. Maybe the skeptics will feel better if they think of Ghandi as they drink their recycled water – legend has it he drank his own urine because it purified his soul. Whether you support the system or not, the District has certainly gained enough respect to win this award. Be sure to take a look at the full list of winners here as there are many other worthy recipients.

If you find yourself surrounded by hybrid, hydrogen, and electric cars, row after row of solar panels, methanol fuel cells, waterless urinals, high efficiency HVAC systems, and low voc paints – you are either in a clean techie’s daydream – or at the Green California Expo sponsored by Green Technology Magazine.  I was recently at the latter. Despite the economic situation, innovators of sustainable products, legislative agencies, and environmental advocacy groups proudly showcased the underpinnings of a green revolution. The attendees buzzed with energy as they soaked up inspiration from the morning keynote speakers, wandered among the exhibitors, and attended classroom break-out sessions.   

One interesting educational session was led by Noel Perry, founder of Next10, a nonprofit group that has been funding some of the leading studies on the correlation between environmental policies, employment rates, and total sector economic growth in California. (See the reports page of this blog for a full analysis of one of Next10′s studies). The panel speakers discussed the state’s key piece of environmental legislation, AB32, a bill signed into law in 2006 which mandates a reduction in the state’s greenhouse gas emissions to 1990 levels by 2020 (about 30%). The bill authorizes the California Air Resources Board (CARB) to create a detailed action plan, or scoping plan, which was completed last December. This legislation makes California the first state in the nation to enforce a comprehensive greenhouse gas reduction plan that reaches across all sectors of the economy. The full text of the 140 page scoping plan can be found here.  The presenters assured the attendees that California maintains every intention of moving forward and achieving the items set forth in the scoping plan, regardless of the economic climate. The panel believed, relying on CARB’s own studies as well as those by Next10, that implementation of these measures will assist in stimulating economic growth throughout the state of California. And this exact ideology was the backbone for the mood I walked away with that permeated throughout the Expo: optimism with a touch of urgency – urgency that sustainability must be a part of the dialogue of rebuilding not only California, but our nation.

… Stay tuned for Part II - a summary of the Green California Leadership awards announced at the Expo!

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