Congress Halts Military Spending on LEED

The U.S. Congress is calling a halt to certain military spending on green building in a newly passed defense authorization bill (H.R. 1540). The bill prohibits use of Department of Defense funds to achieve LEED Gold or Platinum, with waivers possible if a cost-benefit analysis for the project can demonstrate payback. Exceptions may also be made without a special waiver if achieving Gold or Platinum “imposes no additional cost.”

The bill also requires that the Secretary of Defense submit a cost-benefit report by June 30, 2012 on the sustainable design standards used by the military for new construction and renovations. The report will look at cost, payback, and return on investment of each level of LEED certification individually, of LEED volume certification, and of ASHRAE standards 90.1 and 189.1.

The bill “represents a rollback of the federal government at the forefront of pushing green building and LEED,” according to green building attorney Shari Shapiro, Esq. “Over the last five years, the federal government has been one of the largest customers for LEED,” she says. Shapiro sees indications in other legislation that Congress is trying to “push back at the use of LEED particularly but also green building in general.”

The General Services Administration (GSA), part of the executive branch of government, has responded to executive orders by requiring LEED Gold certification for all new construction and major renovations of federal buildings—putting GSA and Congress on a potential collision course. According to Shapiro, when an executive order and congressional legislation are in direct conflict, the matter often ends up in court—and the legislative branch almost always prevails.

Copyright 2011 by BuildingGreen, Inc.

Keywords:

• LEED;
• military;
• GSA;
• Department of Defense