Green/High-Performance Building Resources
The AIA seeks to dramatically increase the number of
high-performance buildings constructed in the coming decades. Many
architects have already incorporated energy efficient design
principles into their work, and these efforts continue to expand
within the profession. In addition, the AIA supports federal,
state, and local legislation and incentives that encourage and
aid the construction of high-performance buildings.
A number of steps have already been taken at the federal, state,
and local levels to increase awareness of and adherence to
high-performance design principles and standards. In recent years
several states have introduced, and in some cases passed,
legislation requiring that state-funded public building
projects meet high-performance building standards. A number of
state governors have signed similar executive orders. A wide array
of tax incentives, rebates, and grants have been put in place at
the federal, state, and local levels to encourage various means of
increasing the energy efficiency of buildings.
Recognizing how difficult it is to keep track of all of the methods
being used to enhance high-performance building efforts, we’ve
compiled information delineating those states with high-performance
building legislation, those with Executive Orders, those with tax
incentives, and a number of additional resources related to the
issue of high-performance building.
Green/High-Performance
Building Legislation in the States
The following map displays states with legislation mandating the
use of green/high-performance building standards for new
state-funded building projects and renovations.
 |
Green = States that
have passed green/high-performance building legislation
White = States that
have not passed green/high-performance building
legislation
Arkansas
On March 29, 2005 Arkansas House Bill 2445 was passed, followed
by passage in the Senate on April 6, 2005. The bill is entitled,
“An Act to Promote the Conservation of Energy and Natural
Resources in the Design of State Building Projects Through the Use
of Sustainable Building Rating Systems,” and states:
In recognition of the economic, energy conservation, and
environmental benefits of sustainable building design, it is in the
best interest of the State of Arkansas to initiate a process to
encourage improved building practices, to provide support and
information to assist state agencies in carrying out the purposes
of this subchapter, and to continue development of best building
practices through a legislative task force to evaluate and report
to the General Assembly the progress being made under this
subchapter.
State agencies conducting or funding a public building project or
rehabilitation project are encouraged to refer to and should
utilize whenever possible and appropriate the Leadership in Energy
and Environmental Design or Green Globes rating systems referred to
in this subchapter.
The bill also establishes a Legislative Task Force on Sustainable
Building Design and Practices.
To view the state's legislation, click
here.
Maryland
On March 26, 2005 the Maryland House passed HB 196, followed by the
passage of SB 92 on April 4, 2005. This legislation requires that
state capital projects (state-funded building projects) meet
green/high-performance building standards. The bill states that a
“high performance building” means a building that:
Achieves at least a silver rating according to the U.S. Green
Building Council’s LEED (Leadership in Energy and
Environmental Design) green building rating system;
Achieves at least a two globe rating according to the Green
Building Initiative’s Green Globes program;
Achieves at least a comparable numeric rating according to a
nationally recognized, accepted, and appropriate numeric
sustainable development rating system, guideline, or standard;
OR
Meets nationally recognized, consensus-based, and accepted green
building guidelines, standards, or systems approved by the
state.
To view the state's legislation, click
here.
Nevada
On June 17, 2005 Nevada Governor Guinn signed into law AB3 which
states:
Each occupied public building whose construction will be sponsored
or financed by this State must, when completed, meet the
requirements to be certified at or meet the equivalent of the base
level or higher in accordance with the Leadership in Energy and
Environmental Design Green Building Rating System, or an equivalent
standard, as adopted by the Director of the Office of Energy
pursuant to section 11 of this act.
During each biennium, at least two occupied public buildings whose
construction will be sponsored or financed by this State must be
designated as demonstration projects and must, when completed, meet
the requirements to be certified at or meet the equivalent of the
silver level or higher in accordance with the Leadership in Energy
and Environmental Design Green Building Rating System, or an
equivalent standard, as adopted by the Director of the Office of
Energy pursuant to section 11 of this act.
To view the state's legislation, click
here.
Washington
On April 8, 2005 Washington Governor Christine Gregoire signed into
law ESSB 5509, requiring state-funded projects over 5,000 sq ft,
including school district buildings, to use high-performance green
building standards. The bill states that:
The legislature finds that public buildings can be built and
renovated using green/high-performance methods that save money,
improve school performance, and make workers more productive.
Green/High-performance public buildings are proven to increase
student test scores, reduce worker absenteeism, and cut energy and
utility costs.
Sec. 3 (1) All major facility projects of public agencies receiving
any funding in a state capital budget must be designed,
constructed, and certified to at least the LEED silver
standard.
(2) All major facility projects of any entity other than a public
agency or public school district receiving any funding in a state
capital budget must be designed, constructed, and certified to at
least the LEED silver standard.
(3)(a) Public agencies, under this section, shall monitor and
document ongoing operating savings resulting from major facility
projects designed, constructed, and certified as required under
this section.
Sec. 4 (1) All major facility projects of public school districts
receiving any funding in a state capital budget must be designed
and constructed to at least the LEED silver standard or the
Washington sustainable school design protocol.
(2) Public school districts under this section shall: (a) Monitor
and document appropriate operating benefits and savings resulting
from major facility projects designed and constructed as required
under this section for a minimum of five years following local
board acceptance of a project receiving state funding; and (b)
report annually to the superintendent of public instruction.
To view the state's legislation, click here.
Green/High-Performance Building Executive Orders
in the States
The following map displays states with Executive
Orders encouraging the state bodies responsible for
state-funded building projects to implement green/high-performance
building standards.
 |
Green = States with Executive Orders encouraging the use of green/high-performance building standards
White = States without Executive Orders addressing the issue of green/high-performance building
Arizona Gov. Janet Napolitano
signed Executive Order #2005-05 on February 11, 2005. The Order
states that all Executive Branch agencies should implement, to the
extent practicable, the following standards in all new state-funded
facilities.
a. Renewable Energy: All new state-funded
buildings constructed after the date of the Executive Order shall
be designed and constructed to derive at least ten percent (10%) of
their energy from a renewable resource.
b. Energy Efficiency: The design for all
state-funded buildings constructed after the date of the Executive
Order will include energy efficiency standards consistent with the
Arizona Revised Statutes 34-451 and Executive Order 2003-14.
c. LEED Standard: All state-funded
buildings constructed after the date of the Executive Order will
meet at least the “silver” Leadership in Energy &
Environmental Design standard.
To view the Executive Order, click
here.
California Gov. Arnold
Schwarzenegger signed Executive Order #S-20-04 on December 14,
2004. The Order states that California state agencies, departments,
and other entities under the direct executive authority of the
Governor must cooperate in taking measures to reduce grid-based
energy purchases for state-owned buildings by 20% by 2015, through
cost-effective efficiency measures and distributed generation
technologies; these measures should include but not be limited
to:
2.1. Designing, constructing and operating all new
and renovated state-owned facilities paid for with state funds as
"LEED Silver" or higher certified buildings; and
2.2. Identifying the most appropriate financing
and project delivery mechanisms to achieve these goals; and
2.3. Seeking out office space leases in buildings
with a U.S. EPA Energy Star rating; and
2.4. Purchasing or operating Energy Star
electrical equipment whenever cost-effective.
To view the Executive Order, click
here.
Colorado Gov. Bill Owens signed
Executive Order #D005 05 on July 15, 2005. The Order directs the
Executive Directors of all state agencies and departments to
evaluate their current business operations and develop and
implement policies and procedures to promote environmentally
sustainable and economically efficient practices, including, but
not limited to:
i. Adopting the United States Green Buildings
Council’s Leadership in Energy and Environmental Design Green
Building Rating System for Existing Buildings (LEED-EB) in
operating, maintaining and managing existing buildings, to the
extent applicable and practicable.
ii. Incorporating LEED for New Construction
(LEED-NC) practices to design energy and resource efficient new
buildings, to the extent that this is deemed cost-effective.
iii. Initiating an energy management program to
monitor and manage utility usage and
costs, as resources become available.
B. I hereby direct the Executive Directors of the
Governor’s Office of Energy Management and Conservation,
Department of Public Health and Environment, and Department of
Personnel and Administration, to establish a Colorado Greening
Government Coordinating Council to include representatives from
each state agency and department.
To view the Executive Order, click
here.
Maine Gov. John Baldacci issued an
Executive Order on November 24, 2003 regarding the use of LEED
building standards for state buildings. The Order states:
1. The design, construction, operation and
maintenance of any new or expanded State building shall incorporate
the standards developed by the United States Green Building
Council’s Leadership in Energy & Environmental Design
(“LEED”) Version 2.1, or the most recent version, to
achieve maximum energy efficiency and environmental sustainability,
provided this can be accomplished on a cost-effective basis,
considering construction and operating costs over the life cycle of
the building being constructed or expanded.
2. The design, construction, operation and
maintenance of any existing State building to be renovated shall
incorporate the standards developed by the United States Green
Building Council’s Leadership in Energy & Environmental
Design (“LEED”) Version LEED-EB, or the most recent
version, to achieve maximum energy efficiency and environmental
sustainability relevant to the scope of the renovation, provided
this can be accomplished on a cost-effective basis, considering
construction and operating costs over the life cycle of the
improvement.
To view the Executive Order, click
here.
Michigan Gov. Granholm signed
Executive Order #2005-4 on April 22, 2005. The Order states that
the Department of Management and Budget shall establish an energy
efficiency savings target for all state buildings managed by the
Department or another department or agency within the Executive
Branch of state government. The goal shall be to attain a 10%
reduction in energy use by December 31, 2008 and a 20% reduction in
grid-based energy purchases by December 31, 2015, when compared to
energy use and energy purchases for the state fiscal year ending
September 30, 2002.
On or before December 31, 2006, the Department shall implement
Energy Conservation Measures and specific best management practices
to improve energy efficiency.
The Department shall adopt policies and procedures to ensure that
all new construction and major renovation of state-owned
facilities, including all capital outlay projects, shall be
accomplished consistent with LEED guidelines and standards, and
shall score a minimum of 26 points on the LEED scorecard
established by the United States Green Building Council, which is
the minimum score required for LEED-certified status. The policies
and procedures required under this paragraph shall apply to
state-leased facilities to the extent feasible.
To view the Executive Order, click
here.
New Jersey Gov. James McGreevey
signed Executive Order #24 in July 2002. The Order states that all
new school designs shall incorporate the guidelines developed by
the United States Green Building Council known as "Leadership in
Energy & Environmental Design ("LEED"), Version 2.0 to achieve
maximum energy efficiency and environmental sustainability in the
design of schools.
To view the Executive Order, click
here.
New York Gov. George Pataki issued an
Executive Order in June 2001 encouraging state agencies to be more
energy efficient and environmentally aware. With regards to State
Buildings Energy Efficiency Practices the Order states:
State agencies and other affected entities shall implement energy
efficiency practices with respect to the operation and maintenance
of all buildings that they own, lease, or operate….State
agencies and other affected entities shall strive to meet the
ENERGY STAR building criteria for energy performance and indoor
environmental quality in their existing buildings to the maximum
extent practicable.
In the design, construction, operation and maintenance of new
buildings, state agencies and other affected agencies shall, to the
maximum extent practicable, follow guidelines for the construction
of “green buildings,” including guidelines set forth in
Tax Law 19, which created the Green Buildings Tax Credit, and the
U.S. Green Building Council’s LEED rating system.
To view the Executive Order, click
here.
Rhode Island Gov. Donald Carcieri
signed Executive Order 05-14 on August 22, 2005. The Order sets
Energy and Environmental Performance Standards for Public
Buildings. The Order states:
The design, construction, operation and maintenance of any new,
substantially expanded, or renovated public building shall
incorporate and meet the standards developed by the United States
Green Building Council’s Leadership in Energy &
Environmental Design (“LEED”). Each such public building
shall endeavor to qualify for certification at or above the LEED
“silver” level.
The design, construction, operation and maintenance of any new,
substantially expanded, or renovated public building shall also
evaluate feasible energy-efficiency measures on the basis of their
total life-cycle costs of installation, operation, and
maintenance.
To view the Executive Order, click
here.
High-Performance
Building Tax Incentives in the States
Maryland
Passed in 2001, SB 745, the Income Tax Credit for Green Buildings,
establishes a tax credit for new buildings or substantial
renovations that meet certain green building standards.
Enacted 5/26/04, HB 804 allows the governing body of a county or
municipal corporation to grant a property tax credit against
county/municipal property tax imposed on a high performance
building that meets or exceeds the LEED Silver rating
requirements.
To view the tax incentives, click
here.
New York
The New York State Energy Research and Development Authority offers
an incentive for design teams of any New York State building that
achieves a LEED rating.
To view the tax incentives, click
here.
The New York State Green Building Tax Credit program provides a
tax incentive to commercial developers who apply green building
standards, similar to a high-level LEED rating, to construction
projects with at least 20,000 square feet of interior space.
To view the tax incentives, click
here.
Oregon
In 2001 the Oregon legislature passed legislation mandating a
Sustainable Building Tax Credit. The minimum standard to obtain the
tax credit is a LEED Silver rating. In addition to the credit
requirements for the LEED Silver rating, the Oregon Department of
Energy requires that:
- At least two credits are earned for energy efficiency.
- At least one credit is earned for additional commissioning beyond the prerequisite requirements.
- A report be submitted on the amount of solar radiation to be received by the building annually.
To view the tax incentives, click here.
Pennsylvania
In July 2005 Pennsylvania passed HB 628 which amended the Public
School Code. The Code now includes a financial incentive to public
school districts that achieve LEED Silver certification.
To view the tax incentives, click
here.
Additional
Resources
For more information on State Green Building Tax Credit Legislation
and State Green Building Standards Legislation refer to the:
State Environmental Resource Center
To view the comprehensive Database of State Incentives for
Renewable Energy (DSIRE) refer to the:
Interstate
Renewable Energy Council's DSIRE Database
For more information on State & Local Green Building Programs and Resources refer to the links below:
- Green Affordable Housing Coalition
- U.S. Department of Energy
- Green Building Pages
- LEED Users Summary
For more information on State and Local Action on Climate Change, refer to the Pew Center on Global Climate Change—“What’s Being Done…In the States”
Sustainable Facilities Guidelines