A new program in San Francisco, Solar@Work, offers discounts, and in some cases free installation, on solar arrays for commercial building owners and lease holders.  Almost any size business can qualify for the program that will lower energy costs for participants.  For businesses proactively addressing San Francisco’s required energy audits, this program requires a closer look. (For full analysis of San Francisco’s commercial building energy audit program, click here)

Solar@Work groups commercial building owners and/or lease holders together to reduce costs through economies of scale.  Participants generate the greatest savings on energy costs through the purchase of a solar array.  The cost of purchasing and installing a system can be prohibitive, so Solar@Work creates a discount on installation and financing through volume pricing.  A “traditional” solar lease is also available with no up front cost, but the savings on energy bills are markedly less significant.

The Collaborative Solar Procurement model created by the World Resources Institute allows the Solar@Work program to offer four financing options.  Owners can purchase systems at a discount, secure a solar lease, secure a capital loan, or finance through other options including power purchase agreements.

The goal is to collect enough businesses in the program to collectively generate 2 megawatts of power or more.  Applications are being accepted until October 31, 2011, and an informational conference call is scheduled for October 21, 2011.

The ideal applicants are owner/occupiers or long-term leasers whose available space on a roof or parking area is 5,000 square feet or more.

Solar City is the exclusive vendor for the program created by the World Resources Institute, the City and County of San Francisco’s Department of the Environment (SF Environment), in collaboration with the National Renewable Energy Laboratory (NREL), and Optony.

Solar City was selected through a competitive process to provide the installation services for the program.  The company anticipates hiring 400 new workers in the second half of 2011 including 100 in the Bay Area, partly due to Solar@Work.

Congratulations to WRI, San Francisco, and the other contributors to this program.  Solar@Work promises to be another great example of how sustainable development will lead a growth in the economy through reducing energy costs and increasing employment.

In an effort to foster student interest in law that touches on sustainable development, I reached out to my alma mater, New York Law School.  I credit two wonderful professors, Andrew Berman and David Schoenbrod, with cultivating my interest in green building.  Both professors are with the Center For Real Estate Studies at New York Law School, and one of the students in the program, Sonia Gutkin, took me up on an offer to write a post for the CGBB.

Sonia decided to cover the Air Conditioning Heating and Refrigeration Institute, et al. v. City of Albuquerque and BIAW, et al. v. Washington State Building Code Council cases.  Please find her great coverage below:

FEDERAL PREEMPTION ISSUES REMAIN UNRESOLVED

By Sonia Gutkin

Federal law regulates energy use and efficiency of some specific products used in buildings. States are not permitted to change that law – they are preempted unless a state or local code adheres to an exception provision. The law itself lays out very specific exceptions, described in more detail below.

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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

On Tuesday, the San Francisco Board of Supervisors unanimously approved the Commercial Buildings Energy Performance Ordinance on the first reading.  The ordinance will be read one more time at next week’s meeting of the Board of Supervisors, and if it passes again without changes, it will be sent to the Mayor for signature.  All indications suggest this ordinance will pass.

For our full analysis and a copy of the proposed ordinance, click here

As we’ve been reporting, the San Francisco Board of Supervisors may vote on the Commercial Buildings Energy Performance Ordinance this week.  The first reading of the ordinance will be Tuesday, February 1, 2011 at 2pm in the Board of Supervisors chamber at City Hall.   It is possible that the Board will vote at that time.  We will let you know how it goes.

For our full analysis and a copy of the proposed ordinance, click here

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.

A class action lawsuit against the USGBC has just been filed in Federal Court for the Southern District of New York (Gifford v. U.S. Green Building Council, docket number 10 CIV 7747).  Stephen Del Percio who does a great job publishing the Green Real Estate Law Journal and Green Buildings NYC broke this story (at least to me), and it’s going to have reverberations throughout the sustainable development community.

The complaint is brought on behalf of Henry Gifford, Gifford Fuel Saving, Inc., and others similarly situated.  In a nutshell, the plaintiffs allege the USGBC has engaged in deceptive trade practices, false advertising and anti-trust (among other things) by promoting the LEED system.  Plaintiffs further allege that because the LEED system does not live up to predicted and advertised energy savings, the USGBC defrauded municipalities and private entities.

The basis for the class action has been mentioned more than a few times in this blog and many others (including Mr. Del Percio’s).  Essentially, many green buildings are not performing as touted.  In some situations they are performing WORSE than buildings built to code.  The plaintiffs allege that because of these performance shortcomings, the USGBC commits anti-trust violations when it convinces municipalities to align their building codes to the USGBC’s LEED system.

While some LEED buildings are underperforming, the lawsuit is no slam-dunk for the Plaintiffs.  From a personal perspective, I find plaintiff’s complaint is a bit overly dramatic.  An effective complaint acknowledges and then refutes the defense’s potential arguments.  Here the plaintiffs’ complaint seems almost melodramatic in its representation of big bad USGBC.  In my opinion they lose some credibility there.

One of the biggest issues plaintiff will face is that occupants are often the primary reason green buildings underperform.  Many occupants don’t understand the new technology used in green buildings.  However, occupant “sabotage” is not the exclusive reason green buildings underperform.  Often it is also because the technology itself doesn’t work.  The USGBC is working on this issue, and Post-Occupancy Performance is a cornerstone of LEED 3.0.

No doubt there is a valid lawsuit here, and I anticipate this lawsuit will grow if more members of plaintiffs’ class sign on.   We’ll keep you updated as the lawsuit progresses.

Click here for a copy of the complaint.

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)

Just a quick editor’s note (and honestly, a little self-promotion) to let you know I will be a panelist on September 25, 2010 at the 83rd Annual Meeting of the State Bar of California.  You don’t have to be an attorney to attend, so please consider this engaging educational event.  The Annual Meeting will be held in Monterey, California from September 23 -26.  My panel is entitled Sustainable Development: Moving Beyond Green Building Toward Sustainable Building and Master Planning, and I will be joined by Ed Quevedo and Bret Stone of the Paladin Law Group, (a great law firm by the way). 

The Annual Meeting promises to be informative, and our panel will address a number of the new developments in laws supporting sustainablity.  The keynote speaker this year is Justice Anthony Kennedy, and there are lots of other insightful speakers.  Check 0ut the dozens of sessions by clicking the link above!

While we’re discussing conferences, I want to note that West Coast Green 2010 is coming up September 30 – October 2, 2010.  Once again, West Coast Green lo0ks to be a fantastic event at the same scenic location on the bay in San Francisco.  Last year it was a lot of fun. Note that the early bird discount for West Coast Green ends today, August 20!

Also note, the USGBC’s GreenBuild, November 17-19 in Chicago, IL, has early registration going on, too (until September 10).  They have not announced the keynote speaker for GreenBuild, and it will be tough to top Al Gore from last year… who knows….  Regardless of the speakers, I attended last year, and it was a blast (though Gore was a very inspiring speaker).  It is still the largest green building conference and expo in the United States (if not the world).

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

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