When Gov. Gregoire signed Senate Bill 5854 into law on May 8, it set forth changes to the state building and energy codes that are designed to accelerate construction of energy-efficient commercial buildings and homes.
Initial code changes will go into effect in 2013 with an overall goal of achieving zero fossil-fuel greenhouse gas emissions by the 2031.
Initial steps under the law include development of a statewide strategic plan for energy efficiency in and reduction of greenhouse gases from, homes, commercial buildings and neighborhoods.
The Department of Community, Trade and Economic Development will lead that charge and must have the strategic plan ready for delivery to the legislature and the state Building Code Council by Dec. 31, 2010.
The strategic plan will include several key components affecting real estate development and management, including to:
- Establish a methodology to measure achievement of energy code targets for operating buildings
- Develop training, apprenticeship and labor-management partnership programs to ensure buildings are designed and built to meet Washington's 70 percent energy-reduction goals by 2031
- Establish strategies to encourage development of neighborhood-wide energy systems to meet zero energy use in homes and commercial buildings (there is no definition of "neighborhood-wide energy system"
- Develop energy-efficient measures for residential and commercial real estate construction
- Develop aspirational codes, separate from the mandated state energy code changes, which incorporate even higher efficiency standards for those builders who wish to achieve greater efficiency even sooner.
In a development that goes beyond construction of high performance buildings (like LEED and Green Globe certification), the law requires establishment of an energy performance score for nonresidential and public buildings.
Starting Jan. 1, 2010, utilities must maintain records of energy consumption for these buildings. Upon authorization of the building owner, the utility must upload the data to the EPA's Energy Star portfolio manager in a form that does not disclose personally identifying information.
Then, after Jan. 1, 2011 (for buildings more than 50,000 square feet), and after
Jan. 1, 2012 (for buildings more than 10,000 square feet), the nonresidential building owner must disclose the building's Energy Star data and rating to any prospective buyer, lessee or lender for the most recent 12-month period.
Similarly, by Dec. 31, 2009, CTED must develop and recommend to the legislature a methodology to determine an energy performance score for residential buildings. While the law is silent as to the section's purpose, it is presumed that it is intended to set the stage for proposed 2010 legislation that will require establishment and disclosure of Energy Star-like ratings to prospective buyers, tenants and lenders for residential buildings.
Jeff Bennett is a shareholder in Jordan Schrader Ramis PC's Vancouver office. He can be contacted at 360-567-3900 or
jeff.bennett@jordanschrader.com
