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Cities Mandate LEED But Not Certification

07/30/08

By Allyson Wendt

Washington, D.C., started it all in 2006 with legislation that required certain privately owned buildings to meet LEED standards. Boston quickly followed suit in early 2007, and Los Angeles and Dallas have both passed similar ordinances.

236-residence Luma building in Los Angeles
Photo © Lawrence Anderson
The 236-residence Luma building in Los Angeles, a project of development company South Group, achieved LEED Gold in 2008. As of May 2008, all privately owned buildings in the city with more than 50 units or over 50,000 ft2 must meet LEED Certified standards.
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Although the ordinances vary in scope and timeframe as well as stringency, none of them requires buildings to achieve actual LEED certification. This makes the cities responsible for examining building plans for green attributes, presenting financial and organizational challenges.

Although the U.S. Green Building Council (USGBC), the organization behind the LEED Rating System, has noted that LEED-certifiable buildings may not perform as well as LEED-certified buildings, for municipalities, requiring certification presents political and legal challenges.

According to Krista Kline, the urban planning and design coordinator for Los Angeles, the City did not require certification because it is “expensive and time-consuming, and we wanted buy-in from the development community” for the overall green goals. Projects that pursue LEED Silver certification or higher are eligible for expedited permitting that saves between one and six months in the process. Kline noted that requiring certification would make building permits or occupancy certificates contingent on the decisions of USGBC. That situation is legally untenable, explains Kline. “We didn’t want to give USGBC control over our land use.” Although municipalities could incorporate green building requirements similar to LEED into their building codes, the rating system offers both recognition and choice for developers.

“People like LEED as a standard,” said Zaida Basora, AIA, assistant director of administration and architectural services for Dallas and a past board member for USGBC, “so we felt that it was better to go ahead and use it.”

Using LEED as a standard also makes it easy for developers to pursue certification for buildings if they want to do so, since many of the documentation requirements have already been met. In addition to its popularity and marketing cachet, LEED allows developers to choose which credits to pursue.

“We wanted to give flexibility to the development community and didn’t want to quash creativity,” said Kline.

Without certification through USGBC, however, cities must find ways to verify that buildings aren’t ducking requirements. In Boston, where buildings larger than 50,000 ft2 (4,600 m2) must meet LEED standards at the Certified level, an interagency permit-review process has evolved to encourage integrated design and ensure that large buildings are meeting green requirements. All members of a project team meet with representatives from several City agencies before a project is submitted for permit review as well as throughout the design process. The team must submit documentation to the City, approved by a LEED accredited professional (LEED-AP), that shows a project has met LEED requirements.

Coordinating several city agencies as well as project team members represents a shift from the typical permit review process and has not been simple. “There was a learning curve, and it’s challenging, but it’s a steadily improving thing,” said Barbra Batshalom, executive director of The Green Roundtable in Boston, a nonprofit. The biggest challenge, according to Batshalom, was educating city staff about green building and the LEED checklist so that all projects could receive similar assessments. The result has been a more streamlined, uniform review process.

In Los Angeles, the City had to figure out—quickly—how to include green building review in its permit process with little added funding. For now, front-line staff members are being trained to look for a LEED-AP on the project team and the basic requirements for the LEED checklist. Higher-level staff members are being trained to read the checklist and plans more closely. “We know it’s not perfect,” Kline said of this limited review, “but it’s what we could come up with without being punitive.”

To ensure green requirements are being met, every seventh project will be audited by USGBC; if the city finds a lot of projects would not have been certified, it will consider changing the ordinance. Both Los Angeles and Dallas plan to track energy and water use in the new buildings to see if the green building requirements are making a difference.

For More Information:

Boston Redevelopment Authority
www.cityofboston.gov/bra

Dallas Green Building Program
www.greendallas.net

Los Angeles Environmental Affairs Department
www.lacity.org/ead/environmental/

 

This article was produced by BuildingGreen, LLC.- www.buildinggreen.com

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