Global warming and the private and public attention to its consequences creates significant pressure on building owners to incorporate so-called green building components into new and existing construction projects.
The result of much of that pressure is the use of building systems and site design techniques necessary to achieve certification in the Leadership in Energy and Environmental Design rating system run by the U.S. Green Building Council.
Until recently, LEED certification was a "build to," not a "perform to" standard – in other words, no operational accountability was built into the certification system.
Times do change. On Aug. 25, the USGBC upped the ante, announcing its Building Performance Initiative promoting the comprehensive collection and analysis of building operational data for LEED-certified buildings. Two main goals of the program are to see how well the design and technical systems really work – and to help building owners address the gaps between projected and actual building performance.
USGBC staff has developed a proposed method of data collection and a uniform analytical methodology that it wishes to implement nationwide. Results from a series of meetings held throughout the country in the coming months will be reported at USGBC's First Annual Building Performance Summit on Nov. 11-13 in Phoenix.
Also implemented are USGBC's new LEED 3.0 rating system standards requiring building owners to provide performance data as part of the building certification process. Energy and water usage for buildings seeking LEED certification now has to be reported for at least five years.
USGBC will allow projects to comply with the requirement in one of three ways: recertification of buildings every two years using the LEED for Existing Buildings; providing building energy and water usage data annually; or authorize USGBC to access the building's energy and water usage data directly from a utility provider.
These operational requirements are of particular importance to the property management industry, a sector likely to shoulder the burden of collecting and reporting performance data for their LEED-certified buildings.
For insight regarding the collection, analysis and reporting of LEED performance data, builders should consult the LEED Standard rules allowing existing commercial and institutional buildings to obtain certification separate from rules regarding building construction. It measures performance in several areas:
- Exterior building site maintenance
- Water use and efficiency
- Energy and atmosphere
- Use of environmentally preferred materials, products and resources, and practices for cleaning and alterations
- Waste-stream management
- Indoor environmental quality
- Innovation in operations and regional priority
Although LEED's process and certification system is completely voluntary, its standards are creeping into many existing and planned buildings. LEED building certification represents a building owner's commitment to a triple bottom line – environment, people and business. It also can be used as a marketing tool with environmentally conscious tenants and purchasers.
Given the success of USGBC's voluntary building certification program, there is little doubt that its new performance initiatives will also quickly become the standard in green building.
Jeff Bennett is a shareholder in Jordan Schrader Ramis PC and a member of the Washington and Oregon State Bar who regularly advises clients in real estate law and commercial leasing.
