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Written by Lindsay Crowder   
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Wednesday, 01 July 2009

Green Building: Progress at the Federal Level

Sustainable building has been around for centuries, but it hasn’t been until recently that green building practices have become a priority for new construction in the United States. One of the most notable examples of the rise in green building in the US is at the federal level. Not only have a few significant pieces of legislation passed for the green building movement at the federal level, but the Federal government is also rethinking how they design their own buildings-to lay the foundation for environmentally, socially, and economically sustainable development throughout the US and the world. Because the Federal government owns over 3 billion square feet of floor space across the country, adding green practices to this property can convey a pretty significant message and serve as a great educational tool for the future of green building.1 Outlined below are some of the Federal policies that include provisions for green building as well as some examples of current federal initiatives.

Policies2

• Resource Conservation and Recovery Act. Section 6002 of the Resource Conservation and Recovery Act (RCRA) requires Federal agencies to give preference in their procurement to the purchase of specific U.S. Environmental Protection Agency (EPA)- designated recycled content products.

• The Energy Policy Act (EPAct) of 1992. EPAct, along with its amendments to the National Energy Conservation Policy Act, forms the statutory basis for Federal energy and water conservation activities.

• Executive Order 13101. E.O. 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, strengthens and expands the Federal government’s commitment to recycling and waste prevention.

• Executive Order 13123. E.O. 13123, Greening the Government Through Efficient Energy Management, increased and extended energy efficiency goals by requiring each agency to reduce building energy consumption per square foot by 30 percent by 2005 and 35 percent by 2010 relative to 1985.

• Executive Order 13134 and the 2002 Farm Bill. E.O. 13134, Developing and Promoting Biobased Products and Energy, expands Federal procurement activities and requirements related to biobased products and services. Biobased products are made from renewable agricultural, animal, or forestry materials—such as vegetable-based lubricants, biofuels, compost, and biobased construction materials. The E.O. set a goal of tripling the U.S. use of bioenergy and biobased products by 2010.

• On May 13, 2002, President Bush signed into law the Farm Security and Rural Investment Act of 2002, Public Law 107-171 (commonly referred to as the 2002 Farm Bill). Title IX of the 2002 Farm Bill requires the U.S. Department of Agriculture (USDA) to establish a biobased products designation purchasing program similar to the RCRA buy-recycled requirements.

• Executive Order 13148. E.O. 13148, Greening the Government Through Leadership in Environmental Management, established a framework for integrating environmental considerations into each Federal agency’s mission through a variety of directives and goals, including implementing environmental management systems, reducing releases of toxic chemicals, and eliminating the procurement of ozone depleting substances.

• OMB Circular A-11. In 2002, recognizing that investments in better building design and construction typically return dividends that will save money over the life of the building, OMB revised Circular A-11, Section 55—Energy and Transportation Efficiency Management— to encourage Federal agencies to incorporate ENERGY STAR® or the U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) Green Building Rating System into up front design concepts for new construction and/or building renovations.

• Energy Policy Act of 2005. Includes federal building sustainable performance standards. Commercial buildings that make improvements to their energy systems are also eligible for tax deductions.

• Energy Independence and Security Act of 2007. Includes requirements for high performance green federal buildings. All new federal buildings must use Energy Star lighting and be “carbon neutral” by 2030.

• American Recovery and Reinvestment Act of 2009. With over $60 billion dedicated to energy, it has also made available over $4.5 billion for measures necessary to convert General Services Administration (GSA) facilities to High-Performance Green Buildings, as defined in the Energy Independence and Security Act of 2007.

For more information on green building history and to read the full report The Federal Commitment to Green Building: Experiences and Expectations, go to http://www.epa.gov/greenbuilding/pubs/about.htm.

Federal Initiatives3

• Department of Agriculture: On June 19, 2006, the Department of Agriculture issued an agency-wide building policy that requires new or major renovation construction of covered facilities to achieve LEED Silver certification.

• Department of Agriculture- Forest Service: U.S. Forest Service requires LEED registration and certification at the Silver level for all new construction of office buildings, visitor centers, research facilities, and climate controlled warehouses 2,500 GSF or greater in size.

• Department of Energy: On February 29, 2008, Secretary of Energy Samuel Bodman issued a memorandum to DOE leadership directing heads of departments to adhere to Executive Order 13423, “Strengthening Federal Environmental, Energy and Transportation Management (72 FR 3919; Jan. 24, 2007)” by building all new Department buildings of $5M or greater to earn LEED Gold certification. The memorandum also gives preference to LEED Gold when selecting new leased space. The Department of Energy also provided necessary support for the original development of the LEED Rating System, training workshops, and reference materials.

• Department of Health and Human Services: The Department of Health and Human Services requires that all construction projects build with Federal funds over $3 million will achieve LEED certification or Green Globes certification.

• Department of Interior: On June 20, 2008, the Department of the Interior adopted its Sustainable Buildings Implementation Plan, which requires that all new construction and major renovation building projects with gross construction costs greater than $2,000,000 achieve LEED Certified or one Green Globe. The Department of the Interior signed a Memorandum of Understanding with the USGBC supporting the use of LEED for Existing Buildings by its facilities. The DOI also signed a memorandum with the GSA and the USGBC supporting LEED for all partnered projects.

• Department of State: The Department of State has committed to using LEED on the construction of new embassies worldwide over the next 10 years and has worked with the USGBC to coordinate a green charrette for the project teams in early 2001. The Department has several project registered for LEED certification.

• Environmental Protection Agency: As of FY 2006, the Environmental Protection Agency requires all its new facility construction and new building acquisition projects 20,000 square feet or larger achieve LEED Gold certification. The Agency currently has multiple projects registered for LEED for New Construction certification and supported the development of LEED for Existing Buildings. The Agency requires GSA to provide new major office leases that meet the Energy Star requirements. For updates from EPA on greening its buildings, visit: EPA Green Buildings.

• General Services Administration: In order to objectively measure its sustainable design achievements, GSA decided in 2000 that beginning in 2003 all capital building projects must earn LEED Certified, with a target of LEED Silver. In 2008, in response to the changing market, GSA began requiring all lease construction to earn LEED Silver certification. The General Services Administration is the nation's largest civilian landlord, managing space in over 8,600 owned and leased buildings for over one million federal employees. GSA was U.S. Green Building Council's first federal member and supported the development of LEED for Commercial Interiors. As of January 2008, GSA has 24 certified projects including courthouses, laboratories, office buildings, a border station, and a childcare facility.

• National Aeronautics and Space Administration: New construction and major renovations of NASA facilities projects planned for FY2006 and beyond are required to meet LEED Silver certification, and strive for LEED Gold. FY2004 and FY2005 projects will strive to meet LEED Silver certification. All other building projects will strive to follow the LEED rating system as much as possible. The LEED goal for NASA facilities projects will be reviewed, renewed, or changed every three years.

• Smithsonian Institution: On November 13, 2006, the Smithsonian Institution issued “Smithsonian Directive 422” in response to Executive Order 13123: Greening the Government through Efficient Energy Management. The directive articulates the Smithsonian’s goal to design, build, and maintain facilities that are eligible for, and that obtain, LEED certification. Initially, the Smithsonian requires all new buildings and renovation work to aim for a minimum of LEED certification. In addition, the Smithsonian will integrate the LEED checklist and guidelines into the planning, engineering, design, construction, deconstruction and maintenance of Smithsonian facilities.

• U. S. Air Force: The Air Force has developed a LEED Application Guide for Lodging projects and has conducted LEED training seminars for its design and construction personnel. The Air Force encourages the use of LEED for new or major renovations for MILCON projects and has created an online design guide for sustainable development structured after LEED. An online Sustainable Training course is also being developed.

• U. S. Army: The Army adopted LEED into its Sustainable Project Rating Tool (SPiRiT), but does not require certification of its projects. In January, 2006, the Army issued a memorandum stating that it will transition from SPiRiT to LEED beginning in FY2008. All new vertical construction projects will achieve LEED Silver certification. Additionally, the Army has committed to adopting LEED for Homes now that the program has launched.

• U.S. Navy: The Navy was the first federal agency to certify a LEED project: the Bachelor Enlisted Quarters at the Great Lakes Naval Training Center (LEED for New Construction pilot). The Navy continues to pursue sustainable development in its facilities requiring all applicable projects to meet the LEED Certified level, unless justifiable conditions exist that limit accomplishment of the LEED credits necessary for achieving the LEED Certified level. Submission to the USGBC for certification is not a requirement, but is recommended for high visibility and showcase projects. The Navy uses LEED as a tool in applying sustainable development principles and as a metric to measure the sustainability achieved. The Navy has provided support for the development of the LEED for Homes and has participated in the LEED Existing Buildings and Multiple Buildings committees.

For information about State specific initiatives, check out: http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1852#state.

For more on the ins and outs of LEED: http://www.greeniacs.com/GreeniacsArticles/Buildings-Going-Green-LEED-Platinum-Rating-Highlights.html.

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1 http://www.epa.gov/greenbuilding/pubs/faqs.htm#11.
2 Information gathered from http://www.epa.gov/greenbuilding/pubs/about.htm.
3 Information provided by the U.S. Green Building Council at http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1852.




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