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	<title>Real Estate. Business. Technology. &#187; USGBC</title>
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		<title>Analysis: The Concept of LEED De-certification</title>
		<link>http://www.jeffshupack.com/real_estate/concept-of-leed-de-certification/</link>
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		<pubDate>Mon, 13 Jul 2009 16:49:09 +0000</pubDate>
		<dc:creator>Jeff</dc:creator>
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		<description><![CDATA[<p>The Concept of LEED De-certification Written by Preston Koerner, Jetson Green July 13, 2009</p> <p>LEED Version 3 has some new aspects, and the green building community is trying to understand the ins and outs.  One aspect has been talked about strenuously in the past week, and I thought we should ground ourselves a little [...]]]></description>
			<content:encoded><![CDATA[<p><strong>The Concept of LEED De-certification</strong><br />
<em>Written by Preston Koerner, <a href="http://www.jetsongreen.com/">Jetson Green</a><br />
July 13, 2009</em></p>
<p><img class="alignright size-full wp-image-124" title="LEED v3 Arrived" src="http://www.jeffshupack.com/wp-content/uploads/2009/07/LEED-v3-Arrived.jpg" alt="LEED v3 Arrived" width="470" height="196" />LEED Version 3 has some new aspects, and the green building community is trying to understand the ins and outs.  One aspect has been talked about strenuously in the past week, and I thought we should ground ourselves a little bit.  Let’s take a step back and look at Minimum Program Requirements (“MPRs”), the concept of de-certification, or certification revocation, and whether this all means that projects can lose certification if they do not perform as designed.</p>
<div>
<p><strong><span style="font-size: 18px; font-family: Arial;">The 411 on MPRs:</span></strong></p>
<p>LEED V3, as of today, has seven MPRs.  These are “<em>minimum characteristics that a project must possess in order to be eligible for certification under LEED 2009.</em>”  <em>See</em> <a href="http://www.usgbc.org/ShowFile.aspx?DocumentID=5546" target="_blank">LEED 2009 NC Rating System</a> [pdf], pgs. xiv-xv. The MPRs apply only to projects registered under LEED 2009.  Let me say this again: MPRs do not apply to non-LEED 2009 projects!  Thus, in order to be eligible for LEED 2009 certification, a project:</p>
<p>(1)  Must comply with environmental laws;<br />
(2)  Must be a complete, permanent building or space;<br />
(3)  Must use a reasonable site boundary;<br />
(4)  Must comply with minimum floor area requirements;<br />
(5)  Must comply with minimum occupancy rates;<br />
(6)  Must commit to sharing whole-building energy and water usage data; and<br />
(7)  Must comply with a minimum building area to site area ratio.</p>
<p>You can find further <a href="http://www.usgbc.org/DisplayPage.aspx?CMSPageID=2014" target="_blank">explanation of MPRs</a> on the USGBC’s website.  There’s also supposed to be a LEED 2009 MPR Supplemental Guidance document published in June 2009, but I can’t find it anywhere.  We’ll keep you posted as to this &#8230; In any event, keep in mind that MPRs will evolve over time, so don’t get too attached.</p>
<p><strong><span style="font-size: 18px; font-family: Arial;">What If You Don’t Comply:</span></strong></p>
<p>If a LEED 2009 project does not comply or cannot comply with the MPRS, here’s the certification revocation language: “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.”</p>
<p>The lawyers in the house will note the permissive language “may be revoked.”  I read this to mean that someone has the option to revoke certification.  Who can do this?  Stephen Del Percio mentioned the interesting issue of <a href="http://www.greenrealestatelaw.com/2009/07/do-third-parties-have-standing-to-initiate-leed-2009-decertification-proceedings/" target="_blank">third-party standing</a> to revoke certification, but I believe the party that issues certification will be the party that has the option to revoke.  That’s just my opinion, though.</p>
<p>Bottom line, if a project doesn&#8217;t comply with the MPRs, its certification may be revoked.  If it hasn&#8217;t obtained certification, it won&#8217;t be eligible for certification.</p>
<p><strong><span style="font-size: 18px; font-family: Arial;">So Why Do We Need MPRs?</span></strong></p>
<p>There are three main goals with the MPRs.  First, MPRs are designed to give clear guidance to customers.  Second, MPRs help protect the integrity of the LEED program.  And third, MPRs reduce challenges that occur during the LEED certification process.</p>
<p>You can imagine the kinds of situations these MPRs have been designed to prevent.  Chris Cheatham <a href="http://www.greenbuildinglawupdate.com/2009/07/articles/legal-developments/this-post-is-really-important-and-is-not-for-the-faint-of-heart/" target="_blank">opened a thread</a> on the subject, to which, Michael Kawecki, Axiom Sustainable Consulting, commented: “<em>The MPRs are intended to stop some of the abuse that is going on &#8230; You should talk with USGBC and hear some of the projects that have come through – tollbooths, boats, the list goes on.</em>”  I haven’t verified Mr. Kawecki’s remarks with the USGBC, but what he says seems consistent with the espoused goals of the MPRs as set forth in the LEED 2009 NC Rating System documentation.</p>
<p><strong><span style="font-size: 18px; font-family: Arial;">Energy and Water Data Reporting:</span></strong></p>
<p>Now here’s where this all gets pretty juicy.  We all know the USGBC is trying to close the performance gap &#8212; to get certification to the point where designed performance approaches actual performance and where certification actually means that a building outperforms a non-certified building.  In this regard, on June 25, 2009, the USGBC issued a press release talking about the energy and water data sharing MPR.  In the <a href="http://www.usgbc.org/Docs/News/MPRs%200609.pdf" target="_blank">press release</a> [pdf], Scot Horst, Senior VP of LEED, USGBC, said:</p>
<p style="margin-left: 40px;"><em>We’re convinced that ongoing monitoring and reporting of data is the single best way to drive higher building performance because it will bring to light external issues such as occupant behavior or unanticipated building usage patterns, all key factors that influence performance.</em></p>
<p>The press release explains that the “<em>USGBC will be able to use the performance information collected to inform future versions of LEED.</em>”  But the press release doesn’t say that the USGBC or the GBCI, or whomever, will monitor this pipeline of energy and water data to yank points away from projects and then de-certify them.  Maybe they will, but I haven’t seen where that idea comes from.</p>
<p><strong><span style="font-size: 18px; font-family: Arial;">What about Performance Monitoring?</span></strong></p>
<p>Lawyer Shari Shapiro discussed the concept of de-certification for the veritable <a href="http://www.greenerbuildings.com/blog/2009/07/10/how-usgbc-like-google" target="_blank">GreenerBuildings</a>.  She questioned, “<em>What happens to a 10-year property tax abatement if the project loses its LEED certification after two years due to failed energy savings?</em>”  Wait, &#8220;<em>failed energy savings?</em>&#8221; &#8212; I guess this may be where the idea is coming from.  The use of the phrase &#8220;<em>failed energy savings</em>&#8221; while discussing decertification seems to imply that someone will: (1) monitor the data pipeline, (2) discover that the actual performance of a certified building does not meet the design performance of the same, and (3) yank EA/WE points to take certification from the project?</p>
<p>But wasn&#8217;t this information going to be used to inform future LEED iterations, or to improve the system or help projects?  So I emailed Ashley Katz, Communications Manager for the USGBC, for clarification.  Ms. Katz responded:</p>
<div style="margin-left: 40px;"><em>USGBC is monitoring the data to inform the future development of the rating system, as well as inform owners on how their building is performing. We’re planning to develop a yearly scorecard that grades each building as a way to inform owners of their performance and where they stand in relation to their predictions and to other buildings out there.  There’s no certification revocation involved based on performance &#8211;we’re merely asking projects that can provide data to do so (there are 3 ways that projects can fulfill this specific MPR &#8230;). If the project refuses, then we won’t certify them (or take their certification away if necessary).</em></div>
<p>The concept of a yearly scorecard is interesting &#8212; we&#8217;ll see how this develops.  But, in summary, as a precondition to certification, you must commit to share energy and water data.  That’s it.  You just need to share it, and there are three ways you can comply with this data sharing MPR.  If you can&#8217;t comply, too bad: Your project cannot be certified.</p>
<p><strong><span style="font-size: 18px; font-family: Arial;">This is Good News:</span></strong></p>
<p>If you&#8217;re going to share the information, you might as well do it right.  And I believe project teams now have an extra incentive to use smart technology to make data sharing easy.  In doing so, they’ll have access to information to improve the actual performance of a project.  Project teams won’t have to act on the information, but they can if they want to.</p>
<p>Which brings us to the conclusion of one of the longest articles you’ll ever read on this site.  There’s one main point:  with the MPRs and de-certification, there’s a difference between sharing and performing.  LEED V3 projects that don’t share may be de-certified.  LEED V3 projects that don’t actually perform as designed still maintain certification.  And this is why we haven’t heard the last of the so called performance gap with certified buildings.</p></div>
<p>Source: <a href="http://www.jetsongreen.com/2009/07/the-concept-of-leed-decertification.html">http://www.jetsongreen.com/2009/07/the-concept-of-leed-decertification.html</a></p>
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		<title>LEED Version 3 is Launching</title>
		<link>http://www.jeffshupack.com/real_estate/report-leed-version-3/</link>
		<comments>http://www.jeffshupack.com/real_estate/report-leed-version-3/#comments</comments>
		<pubDate>Wed, 22 Apr 2009 20:38:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[On April 27, 2009, the LEED green building certification program is launching Version 3. This version will taking advantage of new technologies and advancements in building science while prioritizing energy efficiency and CO2 emissions reductions. [...]]]></description>
			<content:encoded><![CDATA[<p><strong>LEED version 3 is launching</strong></p>
<div id="attachment_79" class="wp-caption alignright" style="width: 338px"><a href="http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1977"><img class="size-full wp-image-79" title="LEED v3 Webcast Video" src="http://www.jeffshupack.com/wp-content/uploads/2009/04/docs5542.jpg" alt="EED V3 Video" width="328" height="248" /></a><p class="wp-caption-text">LEED v3 Webcast Video</p></div>
<p>On April 27, 2009, the LEED green building certification program is launching Version 3.  This version will taking advantage of new technologies and advancements in building science while prioritizing energy efficiency and CO2 emissions reductions.</p>
<p><strong>Version 3 Roll-out Timeline:</strong><br />
* March 27: Reference guide e-copies available for order; hard copies available for pre-order.<br />
* April 27: LEED v3 launches.<br />
* June 27: New projects will be required to register for LEED 2009.<br />
* Dec. 31: Last day of free migration period, during which currently registered projects can transition to LEED 2009 and LEED Online v3 without paying a new registration fee.</p>
<div id="attachment_78" class="wp-caption alignleft" style="width: 113px"><a href="https://www.usgbc.org/ShowFile.aspx?DocumentID=5176"><img class="size-full wp-image-78" title="LEED V3 Time line" src="http://www.jeffshupack.com/wp-content/uploads/2009/04/docs5175.jpg" alt="LEED V3 Time line (PDF)" width="103" height="95" /></a><p class="wp-caption-text">LEED V3 Time line (PDF)</p></div>
<p>Find out more about the changes in LEED version 3 <a href="http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1970">here</a>.</p>
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		<title>News: President Signs Economic Recovery Bill with Billions for Green Building, Energy Efficiency</title>
		<link>http://www.jeffshupack.com/real_estate/president-signs-economic-recovery-bill-with-billions-for-green-building-energy-efficiency/</link>
		<comments>http://www.jeffshupack.com/real_estate/president-signs-economic-recovery-bill-with-billions-for-green-building-energy-efficiency/#comments</comments>
		<pubDate>Thu, 19 Feb 2009 18:54:15 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[President Obama signed into law on Tuesday a $787 billion economic recovery plan designed to put millions of Americans back to work. Emphasizing investment in projects that can be deployed quickly and create jobs, the American Recovery and Reinvestment Act of 2009 includes billions of dollars that may be used for green building, retrofitting, energy efficiency and renewable energy projects, including those in federal facilities; states, localities, and tribal areas; schools; and housing. [...]]]></description>
			<content:encoded><![CDATA[<p><strong>President Signs Economic Recovery Bill with Billions for Green Building, Energy Efficiency</strong><br />
<em>by USGBC News<br />
Thursday, February 19, 2009</em></p>
<p><em><img class="size-full wp-image-45 alignleft" title="021909-usgbc1" src="http://www.jeffshupack.com/wp-content/uploads/2009/04/021909-usgbc1.jpg" alt="USGBC" width="82" height="110" /></em></p>
<p>Following weeks of negotiations in Congress and the Administration, and in the face of continuing job losses nationwide, President Obama signed into law on Tuesday a $787 billion economic recovery plan designed to put millions of Americans back to work. Emphasizing investment in projects that can be deployed quickly and create jobs, the American Recovery and Reinvestment Act of 2009 includes billions of dollars that may be used for green building, retrofitting, energy efficiency and renewable energy projects, including those in federal facilities; states, localities, and tribal areas; schools; and housing.</p>
<p>Energy efficiency in existing buildings can generate $160 billion in savings by 2030, according to a report by McKinsey and Co. The American Recovery and Reinvestment Act takes critical steps to this end through significant investment in green building and energy efficiency. Commitment from policymakers, citizens, and practitioners nationwide will be required to ensure that the immense potential of green building to reinvigorate and transform both our economy and our environment is realized.</p>
<p>Select Highlights of the American Recovery and Reinvestment Act of 2009</p>
<p>* Green Schools: The new law includes a $53.6 billion State Fiscal Stabilization Fund, to be administered by the federal Department of Education that will provide, among other things, funds to governors for use in restoring and providing state funding to school districts. Roughly $9 billion of this fund will be available for use by governors to address public safety and other government services, which may include school modernization, renovation, and repair consistent with a recognized green building rating system.</p>
<p>Additionally, the Act establishes a new kind of tax credit bond that may be issued by states and local governments &#8220;for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed.</p>
<p>* Green Federal Facilities: The law provides $5.55 billion to the federal General Services Administration (GSA) for federal buildings, including $4.5 billion for measures to make GSA facilities &#8220;high-performance green buildings,&#8221; as defined by the 2007 energy law. The law also requires that $4 million of funds provided be directed for GSA&#8217;s Office of Federal High-Performance Green Buildings, which was created by the 2007 energy law.</p>
<p>The Act also provides several billion dollars for facility-related construction, renovation, and repair projects in other federal agencies, including the Department of Defense.</p>
<p>* Home Weatherization: The Act provides $5 billion for the federal Weatherization Assistance Program, which provides assistance to low-income families in weatherizing and improving the energy efficiency of their homes. To broaden the program&#8217;s reach, the Act increases the income levels covered by the program (from 150% of the federal poverty level to 200%) and the amount of assistance available for each housing unit (from $2,500 to $6,500). The Act also increases the percentage of funding that may be used for training and technical assistance (from 10% to up to 20%).</p>
<p>* Energy Efficiency in States and Localities: The Act provides $3.2 billion for the Energy Efficiency and Conservation Block Grant program, which was established by the 2007 energy law to provide support to states, localities, and tribal governments for energy efficiency and conservation programs and projects. Under the Act, $2.8 billion will be distributed by formula, and $400 million will be administered through competitive grants.</p>
<p>* Public Housing: The Act provides $4 billion for the Public Housing Capital Fund, which provides funds to public housing agencies nationwide for the development, funding, and modernization of public housing developments. Under the Act, $3 billion of the funds will be distributed by formula, and $1 billion will be made available as competitive grants &#8220;for priority investments, including investments that leverage private sector funding or financing for renovations and energy conservation retrofit investments.&#8221;</p>
<p>* Retrofitting Assisted Housing: The Act provides $2.25 billion for federally-assisted housing, of which $2 billion is for payments to owners of certain project-based rental housing, and $250 million is for funding of green and energy retrofitting investments in assisted housing.</p>
<p>* Green Jobs: The Act provides $3.95 billion for training and employment services under the Workforce Investment Act, including $500 million &#8220;for research, labor exchange and job training projects to prepare workers for careers in energy efficiency and renewable energy industries.&#8221;</p>
<p>Additionally, the bill provides $250 million for building, rehabilitating, and acquiring Job Corps Centers, of which up to 15% ($37.5 million) may be directed &#8220;to meet the operational needs of such centers, which may include training for careers in the energy efficiency, renewable energy, and environmental protection industries.&#8221;</p>
<p>* Tax Incentives for Energy Efficiency and Renewable Energy:</p>
<p>o Energy-Efficient Existing Homes: Existing federal law provides an individual tax credit of 10% of expenses for certain energy-efficient improvements to existing homes. Previously, the tax credit offered specific, capped amounts for qualified property. Under the bill, the amount of the credit has been raised to 30% for 2009 and 2010, and these technology-specific caps have been lifted and replaced with a $1,500 total cap on installations that may qualify for credit. Referenced efficiency levels have also been updated.</p>
<p>o Renewable Energy Production Tax Credit: The bill extends the production tax credit for wind facilities by three years to 2013, and for solar, biomass, geothermal, landfill gas, trash combustion, hydropower, and marine and hydrokinetic to 2014.</p>
<p>o Temporary Election of Investment Tax Credit: Recognizing the uncertainty of investor tax liability owing to the economic downturn, the new law temporarily permits eligible taxpayers to elect the investment tax credit instead of the tax credit for production of renewable energy for facilities placed in service after December 31, 2008.</p>
<p>Additionally, the bill modifies the existing investment tax credit to eliminate the dollar caps for solar, geothermal, and small wind property.</p>
<p>o Treasury Grants for Energy Investment: Acknowledging the decreased effectiveness of energy tax credits due to the economic downturn, the law permits taxpayers to apply for grants from the Treasury Department in lieu of certain renewable energy investment tax credits.</p>
<p>o Advanced Energy Investment Tax Credit: The law creates a new 30% tax credit-to be awarded through a competitive process&#8211;for investment in facilities that manufacture &#8220;advanced energy property,&#8221; for example, technologies for producing renewable energy, conserving energy, transmitting renewable energy, and reducing greenhouse gas emissions, among other purposes determined by the Secretary.</p>
<p>o Among other incentives, the bill provides increased authorizations for clean renewable energy bonds (increased by $1.6 billion) and qualified energy conservation bonds (from 800M to $3.2 billion).</p>
<p>For a complete summary of the law, please visit:<br />
<a href="http://appropriations.house.gov/pdf/PressSummary02-13-09.pdf">http://appropriations.house.gov/pdf/PressSummary02-13-09.pdf</a></p>
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