Building and Design


Just a quick note to let you know I will be in Los Angeles June 24 and 25, at the Dwell on Design conference.  My panel will discuss financial incentives and traps when undertaking sustainable construction.

Other panelists include Eve Troeh, Reporter, Sustainability Desk, Marketplace; Bill Baldwin, from HartmanBaldwin Design/Build; and Aaron Britt, Senior Editor, Dwell Media.

The event is always a big hit, and draws thousands.  The expo looks great and the line-up of speakers is stellar.  I hope you can join us!

The Dwell on Design homepage is here: http://dod.dwell.com/

The link to our session is here http://dod.dwell.com/stages/3

First ever mobile post, so excuse the brevity.
Mayor Lee will sign the proposed ordinance into law tomorrow.

WHERE: Adobe headquarters, 601 Townsend

WHEN: 10 A.M., Friday, February 18, 2011

I wish I could be there, but I’m out of town.
Congrats, San Francisco!

For our comprehensive analysis, please click here

As mentioned on Friday, the Land Use and Development Committee for the City and County of San Francisco is holding a hearing on Monday, January 24, 2011 to discuss the proposed Existing Commercial Buildings Energy Performance Ordinance.  I encourage you to attend if possible.

The proposed ordinance would require certain commercial buildings to produce two reports, (1) an energy and performance audit every five years and (2) an Annual Energy Benchmark Summary (AEBS).   Save for any confidential information, the audit and the AEBS would be made available to the public.  The ordinance makes sense, but may place a cost on building owners that will inevitably be passed on to renters.  The upside is that renters usually pay for utilities, so energy savings may offset the cost of the audit…something to think about in a green lease, that’s for sure.

Here’s a short summary:

The proposed ordinance will require two reports.  The first report is the AEBS, and that will use the Energy Star Portfolio Manager Energy Performance Rating as a basis.  This report will likely not cost too much money as it is based on the Portfolio Manager software that is freely available, and the data is generated from the local utility (in the case of San Francisco, PG&E).

The second report is a building-wide audit (as defined by ASHRAE Procedures for Commercial Building Energy Audits) conducted by a third-party vendor.  As such, I am guessing the audit likely carries a higher price tag.  Full disclosure, I have never hired someone to do an energy audit for a commercial building, so I am only guessing that the fees are more than nominal.

After the initial three-year staggered start period (which will also be used for the AEBS), the required energy audit would be required once every five years.  As proposed, the audit requirement is as follows:  Level I audits (as defined by ASHRAE) are essentially “walk-through” audits.  These are required for buildings between 10,000 to 49,999 sq ft (smaller buildings).  Level II audits (as defined by ASHRAE) are comprehensive surveys and analyses, and they are required for all buildings 50,000 sq ft and above. (larger buildings).

If owners do not comply with the requirements they may face fines.  The fines are $100/day (for larger buildings) or $50/day (for smaller buildings) for every day of non-compliance up to 25 days per 12 month period.  In other words, the maximum fine per year is $2,500 for a large building and $1,250 for a small building.

In general I like the ordinance but there are some issues that should be addressed… (more…)

This post today is short and sweet, because I want to get the notice out.  San Francisco is contemplating legislation that will require commercial building energy audits.  A hearing in front of the Land Use And Economic Development Committee will be held on Monday, January 24 at 1pm in San Francisco City Hall Room 263. The Board of Supervisors will vote on this soon following a recommendation from the committee.  If you’re interested in attending, go for it!  We support this legislation, but a full and thorough debate is necessary to create effective legislation.

Click here for the committee agenda: 012411 LU Agenda – FINAL

Click here for the ordinance and supporting documents that are under consideration: 101105

We previously covered post-occupancy performance and the proposed legislation (click here for a few of the posts).  Updated analysis will follow this weekend when I have time to write.

First, thanks to all of you who joined me and the Paladin Law Group at the Annual Meeting of the California State Bar.  It was great to have a lively audience, and I’m happy you enjoyed the presentation.  For those of you who want to find out what the discussion was all about, email me at steve at californiagreenbuildingblog.com.  Now, on to our post.

The New York Times ran two intriguing articles on Sunday.  One article was about Masdar, a space age sustainable city in Abu Dhabi, and the other piece was about passive homes (there’s even a video). As much as I’d love to talk about all the cool new technology in Masdar, I’m writing on the passive homes story since it’s immediately applicable to everyday construction here in California.

Passive homes are not especially new.  They have been around for at least 15 years (if you don’t count my igloo comparison below) We covered them in January 2009, but still they have not caught on in the USA.  The likely reason is the molasses-like speed of change in the United States’ energy policy (cue scowl), but it could also be that passive homes seem a bit daunting.

Passive homes use up to 90% less heating and cooling energy and 60-70% less over-all energy than homes built to most nationwide standards (I’m not sure how they stack up against the new CALGreen codes).  However, to reach these efficiency levels, passive homes maintain an air tight environment surrounded by massive amounts of insulation and a high-tech heat exchanger that allows stale air out without loosing heat. Ironically, in some ways passive homes are similar to igloos or ice caves.  Get in, seal up, and heat the air inside.

Passive homes are extremely popular in Europe – especially middle Europe (e.g. Germany) where the climate is temperate.  Indeed, the NY Times article featured a home in Vermont that has a similar climate to middle Europe.  The sealed nature of the homes leads to two challenges for nationwide implementation.  First, how can one cool the home in the desert or in a hot southern environment? And second, how can one ventilate effectively enough to keep moisture levels down and eliminate the risk of mold?

To get the answers, click the “more” link here (more…)

The burning question everyone is asking: “What is the difference between the new California Building Code (CALGreen) and third party rating systems?”  GOOD NEWS – a very handy and thorough comparison chart has arrived!

The USGBC-NCC, along with AIA California Council, AIA-SF, StopWaste, City of San Francisco, Simon and Associates, and Build it Green formed the Green Building Codes Educational Collaborative.  This group created two matrixes (one for commercial space and one for residential space) as quick reference guides to compare CALGreen to third party systems.  The matrixes are as compact as one could hope.

The commercial matrix compares CALGreen (Commercial) with LEED BD+C.  The residential matrix compares CALGreen (residential) with (GreenPoint) Build it Green and LEED for Homes.

Please click below for the complete packet I just received Friday from the USGBC-NCC.  If you like the content of these documents, please consider a membership with at least one of the groups that helped make the documents possible.

Cover Letter

Commercial Buildings

Residential Buildings

(Full disclosure, I am a member of the USGBCC-NCC, but I receive no compensation for this, or any, post on the CGBB)

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

The Mayor’s Task Force Report On Existing Commercial Buildings divided their recommendations into four themes.   In this final post of our series, we address the final theme, “Lead By Example.”

The theme speaks for itself.  The task force essentially states that the city must institute change in municipal buildings before it can insist on changes in the private sector.   I emphatically agree, if for no other reason than the government needs to understand how the systems work before enforcing their use.  San Francisco, under Chapter 7 of the Environment Code leads by example, and there are other examples.  The recently launched GreenFinanceSF, a Green Finance program from the SFPUC, is a direct answer to the task force report.  Admittedly, we missed it in our last post on the topic, but we’ve updated the post, and we will discuss the program in the future.  Please check out the program, it looks great.

Some argue that the private sector is more adept to implement change.  The belief that the private sector will lead the way, however, is misguided.  The private sector has had years to renovate existing buildings, but the implementation is only on the fringe.  Below, please find a quick timeline as to why this is.

The 1960’s and ‘70’s saw a huge surge in societal awareness of sustainability.  This was due to hippies, the oil embargo, and in my case, Ranger Rick, Woodsy Owl, the Tearful Native American, and John Denver (among others).  Even then, these advocates addressed pollution and environment.  Sustainability in construction was considered a fringe movement for those who could afford it.  Then, sustainability lost momentum when the price of oil tanked in the 1980’s.

Even when oil prices rose in the ‘00’s, and analysts touted life-cycle cost savings, private developers were unwilling to pay a “green premium” (the cost difference between a green building and a standard building).  But in 2001, citing life-cycle costs, energy independence, and social consciousness, California and Oregon required that all new municipal buildings meet high environmental and energy efficiency standards.  Other states including Washington, and New York followed, and in 2003, the GSA mandated that all new federal buildings meet LEED Silver standards.   Other states including Pennsylvania, Massachusetts, and Florida joined the green movement.

With such huge markets mandating green, economies of scale took over.  To answer the large orders from state and the federal government, manufacturers produced higher volumes of green products thus reducing the price. The municipal contracts created a new green economy, and materials such as denim insulation (pun intended) emerged as viable products.  New companies formed and new technologies were invented to answer the call for green supplies.  Large contractors altered their methodologies and trained their workforce for the green future.

Legislating incentives to encourage green building helped too.  The government, with the help of the taxpayer, led all of this.  Let’s be clear.  If it were not for government, the green building movement would still be for the eccentric fringe. Period.

I’ve said many times that political parties are a liability to progress.  There is no room for partisanship in promoting sustainability and green building.  Energy independence is a matter of national security, and as the gulf oil spew shows, clean energy is a matter of protecting our domestic economy (e.g. keeping fisheries open, generating new construction, or creating auto jobs building electric vehicles at the NUMMI plant).   There is nothing wrong with government leading the way in green building and energy efficiency.  To the contrary, it must be one of their highest priorities.  Government involvement in sustainable development creates jobs, and makes us a stronger, more secure nation.

The task force report is very good, but now the hard part begins.  It has been six months since the report was issued, and I have not seen any new legislation passed or proposed.  GreenFinanceSF is a great program, but that was in the works long before the task force report was issued.  According to the San Francisco Examiner, the Mayor was going to propose new legislation, but I haven’t heard about it since.  I’m happy to help if that’s what it takes, but let’s keep up the momentum.

Hi All,

A friendly reminder that I am presenting in one of three great webinars presented by the State Bar of California.  The webinars will be on May 12, 19, and 26.  If you can’t make these dates, you can register by the date of the event, and listen any time in the three months afterward.

The first webinar is “Sustainable Development: Moving Beyond Green Building Toward Sustainable Building and Sustainable Master Planning” I will discuss alternatives to LEED and the many factors interested parties should consider when designing and developing sustainable buildings and neighborhoods.  Jeff Conner (Conner & Associates), Matt Burris (CTG), and Patricia Chen (Miles Chen Law Group, P.C.) will join me  in a roundtable discussion that will discuss LEED as well as other ways to develop a sustainable project (i.e. ICC, GreenPoint Rated, or independent assessment).  Each approach requires unique planning and permitting.  More information can be found by clicking here.

Our webinar is the first of a series.  There are two more webinars that are really worth checking out.  The first is , “Sustainable Development: Charting a Course to a Sustainable Future Through CEQA Compliance and Effective Climate Action Planning – Demystifying AB 32 and SB 375″ and the second is “Sustainable Development: The California General Plan Law and General Plan Updates: The Future of Sustainable Development”

We hope to catch you online at these events!

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.

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