How can we make greener leases in commercial buildings?

Apr 19, 2013 | Uncategorized

By Grey Lee

 

Endorsed by the USGBC and produced by the local Massachusetts Chapter, BuildingSmarter Buildings Forum will take place on May 9th at Suffolk University on 73 Tremont Street in Boston.
 
This will be a great opportunity to discuss and learn about energy efficiency incentives in ways that commercial real estate can improve both performance and marketability through sustainability.
 

Speakers include:
  • Brian Swett (City of Boston)
  • Bruce Percelay (Mount Vernon Company)
  • Jonathan Keefe (Cassidy Turley)
  • Cynthia Keliher (McCarter English)
  • Rives Taylor (Gensler)
  • Mark Wartenburg (Philips)
  • Derek Brown (Clean Fund)
 
THE MARKET
 
We’ve made great strides in the past 10 years, yet great gaps still remain in construction communities with traditional separate interests between architects/clients, code officials/builders landlords/tenants, and entrepreneurs/supporters.
 
Landlords have little incentive to invest in above-code approaches to maintenance, energy, water and health improvements when payback is reaped solely by tenants.
 
Tenants are reluctant to renew leases in buildings that lag behind current construction practices in energy efficiency and there’s a heavy overhang of potentially large energy cost increases in the next few years.
 
Green leasing is a natural extension of the green building, however many barriers exist that inhibit widespread adoption of a sustainable leasing approach. Effective green leasing processes and principles remain scarcely implemented and understood by the real estate community.
 
In order to integrate environmentally sustainable initiatives into the commercial real estate process, it is important to have both the landlord and the tenant work collaboratively to pursue and implement these initiatives. Green leasing dictates that building performance become transparent to all parties involved in the lease transaction.
 
We need more collaboration, connection, and commitment. This event will help to provide that.
 
 

 

GREEN LEASING BARRIERS
 
Establishing consensus between landlord and tenants on how a particular building’s configuration and operation should support sustainability is the first step toward a successful green leasing agenda. The ideal green leasing document set not only delineates sustainability goals, but also describes specific landlord and tenant behaviors that support them.
 
Declaring a commitment to manage through measurement is vital to any successful green leasing agenda. Quantitative metrics and sensible reporting protocols allow all parties to track their progress toward sustainability and make adjustments when necessary.
 
There are a real mutuality of concerns between the landlord and the tenant in respect of green leasing issues. The landlord is concerned about obtaining and maintaining the building’s sustainability certification, while also equally concerned about being in a position to meet any new environmental obligations that may be passed during the course of the lease. Likewise, the tenant will have the same concerns except that, being the ultimate payor of these costs, it will want to ensure that the return on its investment is a reasonable one.
 
A number of barriers do exist:
  • There can be the tendency of the parties and their counsel – who may be unfamiliar with the sustainable leasing process and principles – to focus excessively on certain legal aspects of the lease to the detriment of the process and the parties’ goals.
  • A lack of well-known effective approaches to overcome the “split incentive” created by many leases between landlord and tenant related to how each shares the costs and benefits of sustainability-related measures can impede progress.
  • The challenging market environment of the past several years has caused many market participants to defer implementing sustainability-related changes in their business practices and leasing operations that may be seen as costly or risky.
  • Many participants are still concerned about unsettled potential legal pitfalls posed by green leasing.
  • There is no comprehensive, widely distributed and easily digestible guide to overcoming these barriers and implementing sustainable practices into the leasing process.
  • More commercial leases do not currently stipulate any shared or unilateral environmental objectives.
  • Few leases incorporate provisions contemplating the reduction of waste production or require that the tenant improvements match the standards of LEED CI or equivalent.
  • Most existing commercial leases will not require certain types of materials to be used or mandate the use of environmentally friendly products by the parties. In fact, most leases will stipulate that the tenant must use new (or as new) building materials.

 

 
GREEN LEASING CONSIDERATION
 
Ultimately, pursuing a successful green initiative through the vehicle of a green lease requires the landlord and tenant to work collaboratively to establish key elements of sustainable practices and concrete methods of implementation. The main provisions that both parties will want to consider when entering into a green lease are the operating costs, utilities, landlord and tenant work, access and relocation rights, and the assignment and subletting provisions.
 
A green lease may also specifically detail things like environmentally preferable cleaning products, comprehensive landlord and tenant procurement guidelines, requirements for natural or low water consumption landscaping, the ability to specify higher cost.
 
GREEN LEASING PROCESSES AND PRINCIPLES
 
Effective green leasing processes and principles remain scarcely implemented and understood by the real estate community.
 
The Rationale for Sustainability
 
Because green leasing formalizes the meaning of sustainability between the owner and tenants, the process should begin with a transparent understanding of why this is good for both parties. A clear sustainability vision allows for better definition of the scope of the sustainability program, key metrics, and monitoring and enforcement protocols.
 
Reaching Stakeholder Consensus
 
All parties must work together to define expectations, balancing the ideal with the practical and incorporating the flexibility needed to cope with difficult leasing and capital markets. If consensus is not reached regarding the sustainability efforts of the property and one or more parties does not fully embrace the initiative, this could potentially damage other parties’ financial expectations or reputations when performance levels are not met.
 
Setting the Boundaries of the Sustainability Program
 
A green lease should be a framework for achieving the goals the landlord and tenants share on these issues, rather than an overly strict document that could become a barrier to tenant attraction and retention.
 
Moving Toward Common Ground
 
It helps to begin with an entirely new lease template – adding green components or making amendments to an existing lease document can prove cumbersome and limit your flexibility. If circumstances make wholesale updating of existing tenant leases impractical, a phased approach may be required. In some situations, one tenant’s lease may contradict or prohibit the sustainability goals of another tenant. Identifying and actively managing these conflicts – and striving for consistency in lease language wherever possible – can help prevent friction or disappointments among the building’s occupants.
 
Assembling a Green Document Set
 
The best approach is to supplement the lease itself with the following exhibits or appendices:
  • Guidelines for materials and procedures related to tenant fit-out
  • A tenant primer that extends the concept of green to office equipment, recycling, travel and day to-day practices (e.g., the proper use of operable windows in air-conditioned spaces)
  • Procurement guidelines that reinforce the building’s goals of resource-efficiency, indoor air quality, etc.

This integrated set of materials provides greater detail than any single document could. Moreover, this approach distinguishes items that are within the landlord’s control and enforceable under the terms of the lease from ones that may be just as important to the building’s sustainability profile, but depend on the tenant’s voluntary compliance.

 
Requirements and Enforcement Protocols
 
A green lease should facilitate the achievement of mutually agreed upon levels of sustainability. Both landlord and tenant need to understand what a good job looks like, how their respective performances will be tracked, and how failures to meet standards will be identified and remedied. Before obligating either party to any green standard practice or reporting protocol, be sure it is both attainable and cost-effective.
 

 

Incentives for Collaboration
 
The ideal green leasing arrangement is one where the landlord forms a collaborative rather than a paternalistic relationship with its tenants.  Delineated mutual goals and transparency in reporting are two key elements of this collaboration.  Make sure your lease form defines “who pays for” and “who benefits from” greening investments where appropriate.
 
Managing Through Measurement
 
Reporting is critical to the success of any green program. Your green leases should delineate the type of reporting that you intend to request and provide. Establish upfront which data sets will be exchanged, at what frequency and at what cost, in order to satisfy the reporting needs of the landlord or any tenant. Each party needs to understand what level of reporting will be required and agree to allocate the dollars and human capital needed to deliver data in a timely fashion.
 
Considering that the relentless pursuit of energy efficiency is perhaps the most significant step that a commercial building can take on its path to sustainability, any green lease should include a clause that requires the cooperation of landlord and tenants in benchmarking the building’s energy performance with EPA’s Energy Star Portfolio Manager tool.
 
Certification Strategy and Frequency
 
Once you decide to pursue a sustainability program for your building, you need to investigate whether you (and/or your tenants) are willing to invest the time and money necessary to secure third-party validation of its sustainability.  Decide if you’re simply seeking a one-time certification or are willing to commit to tracking and certifying your building’s performance over the long term. The latter choice should not be made casually because you will need to stay up-to-date as the green standards and rating systems evolve.
 
Allocating Greening Expenses
 
Retrofits that enhance the building’s energy efficiency engineering and other assessments related to various building certifications, as well as higher insurance premiums that entitle you to have damaged portions of your building rebuilt to green standards (and recertified as such), are just a few examples of the cost of greening a building. A green lease should clearly reference these expenses and describe how they will be allocated between landlord and tenant. Some tenants may insist on setting a limit on the amount of green expenses that they will be asked to shoulder in any given year.
 
 

[This article written by Dennis Walsh, Building Better Buildings Organizer]
 

Living LEED Edition No.2: Water, Water everywhere or is it?!

Apr 16, 2013 | Uncategorized

By

By Steve Wychorski, Architect, Elkus Manfredi

This is a guide for LEED accredited professionals and eco-conscious individuals on how to apply the LEED credit scorecard to their personal lives.

This edition is a topic of much discussion: Water Reduction. We are all criminals in our over usage of water. Me, I am just as guilty. It's a cold early Spring day as I write this. I really enjoy a long hot shower. Who doesn't?! But how you check and balance this idea the heart of this discussion.

LEED across the various disciplines dictates our projects to reduce its water usage by at least 20%. When you score higher percentages, for instance 30, or 40, you get more credit points. We know how to achieve this: by metering timed water usage, low to no flow toilets, and more. As you know, these formulas are based on men and women using toilet rooms “X” times a day. Come on LEED, let's get real! Not use the mean average! If you drink multiple cups of coffee a day, are you really holding it in and going about 3 times a day?  I highly doubt it! In my interpretation, the credit is a minimum of what we should be doing on the job.

At home there is little chance of us ripping out our old faucets and installing new proximity sensor faucets. Usually we install a low flow toilet. Yet how many people have really installed aerators on their sink and shower faucets? I dare say many people love a pulsating water massage! Which is a water hog, no pun intended! So how do we get water usage reduced at home when we can or cannot replace fixtures? The answer is a major culture shift in our habits. One we have to practice not just at home, but also at work.

Get your water bills for the past year and create log of how much you use. Notice any variations; these could be any time of year, a vacation or maybe you forgo showers at home for the ones at the gym! My lifestyle is already blissfully spartan even with 2 dogs. And these boys drink a lot of water. Yet my bill never goes above the minimum. I know by reviewing my bills and watching my water habits, I've drastically reduced my water consumption. By how much? I wish I could know. But when the city only charges you baseline, then you have nothing it to compare to.  

The keys to home Water Reduction and Consumption are simple: Reduce and Re-use. If there are children in the house then it will be a challenge, but one the kids will probably have fun doing. For us adults, it's changing our mindset. I've composed a list of things to help shift our Water Hog mentality. Many most of you will know. This list won't be pretty, but neither is waste or wasting water. Clean water might not be an issue here in New England, but I am waiting for the dam to break in drought cultures like Texas and California. For your friends out there, this blog will help! So tighten those valves and let's get to reducing!

 

  • Reduce your hand washing time. PERIOD!
  • Wash your hands in a sink of water and not let the water run.  Better yet, put all your cups and bowls that need rinsing and wash your hands over them in order to let the grey water soak the dirty dishes.
  • Transfer that water or rinsing water to a potted indoor or outdoor plant. This is especially effective come summer. I rarely fill a bucket with water to water my patio garden of a dozen or so plants.
  • Fill up a bucket by keeping one with you in the shower. So that it catches the 'waste' water.
  • Install aereators!
  • Install a Flow Control valve on your shower head. While living in Europe, you learn to get wet, shut off the water, soap up, and turn it back on to rinse the soap off. This would often lead to a cold shock but with a flow control, you will have the water temperature where you last had it.
  • Rinse all fruit and vegetables into a bucket and use the water for plants or, ahem, flushing No.1!
  • Icky dog or cat water, the plants love it!
  • Buy water saving/energy star dishwashers and horizontal axis washing machines. Only wash full loads!
  • Install rain barrels!
  • Plant indigenous and drought tolerant plants.

We've all got to Conserve! I need to take shorter hot showers. You and your family have to ween yourself of letting the water run forgetting that is is wasted down the drain. By conserving, we are helping to preserve our water resources and save money. 

We've all got to Reduce usage!

We all have to Re-use too!

LEED for buildings doesn't take into account the cultural factors, but living LEED does. I bet you can reduce far more than you think. The added benefit is more money in your wallet. So grab that glass and have a tall glass of filtered water.  Bottled is not the answer and your tap is!

Steve is a Holistic Design Professional at a large Boston-area design firm. The opinions expressed by member bloggers are their own and not necessarily those of the USGBC Massachusetts Chapter. We welcome contributions from all Members. If you would like to write for the blog, use the Contact us tab to drop us a line.

 

 

 

 

 

 

 

Welcome Stephen Muzzy to the USGBC MA Chapter as our new “Green Schools Program Manager”

Apr 12, 2013 | Uncategorized

By Grey Lee

 

 

As recently announced at our Earth Day Celebration, our advocacy work for green buildings has recently become amplified. The Chapter thanks the USGBC for supporting the position with a strategic investment grant. Stephen Muzzy will start in early May, focusing on three things:
  • Facilitating a Green School Buildings coalition 
  • Implementing LEED Study Groups 
  • Creating a LEED Project Assistance Matching Service 
Steve comes to the Chapter after having served for 5 years as a program manger at Second Nature, a campus sustainability consulting organization. He most recently has managed the American Colleges & Universities Presidents' Climate Challenge program, helping campuses implement carbon mitigation strategies. He brings green campus experience, program design, delivery skills, and an extensive network at higher ed institutions in Massachusetts.
 
You are welcome to attend a Green Schools Committee meeting on 5/9/13 where we will be welcoming Steve and making introductions. We are looking forward to promoting green buildings on campuses throughout Massachusetts in the coming months and years!

(Excerpted from USGBC MA's April 2013 Newsletter)

Celebrating Earth Day and Innovation in Green Design

Apr 11, 2013 | Uncategorized

By Grey Lee

Stunning! Fabulous! Classy!

 
 
We held a very impressive Earth Day celebration on the night of Wednesday, April 10th. Over 120 guests attended from a wide swath of the green building industry. We had six table sponsors: Vidaris, NStar, The Green Engineer, Robinson & Cole, Bergmeyer and National Grid.
 
The program started with a bit of networking. One of the great things about the USGBC is it connects people from all parts of the real estate industry – from architects & engineers to facility managers and product manufacturers. Energy modelers, sustainability consultants, and even lawyers! It's always a great mix and you never know who you might run into!
 
 
 

 
Special thanks to Rachel Zsembery and the Special Events Committee for putting it all together. Much applause to Rachel (below, with Carlos Alonso-Neimeyer) and the entire Committee! GE sponsored our table settings, providing a mix between spring flowers and LED lightbulbs that guests could take home!  More photos are available through our media sponsor, New England Real Estate Journal NEREJ's facebook page.
 
 
 
 
We were very thankful to our venue sponsor, the Chiofaro Companies, for letting us hold the event on the main floor of Two International Place in downtown Boston. We heard from owner Don Chiofaro, Jr. and from Bob Andrews of AHA Consulting Engineers, which is one of our Chapter Sponsoring Partners that discussed how the building had recently achieved LEED EB O&M Silver – a real achievement for a building that was designed and constructed in the go-go 80's.
 
 
 
 
 
A few of the members of the Chapter spoke, including myself, to give an overview of where we are as an organization.  People were in a good mood and I got the crowd to shout out “GREEN BUILDINGS!” whenever they heard something good from the stage. 
 
 
 
I'm happy to report we did indeed attain the goal of our membership drive: to bring in 100 new members by Earth Day. We have 108 new members since the beginning of the year. GREEN BUILDINGS!
 
I also announced that we have hired a new staffer: Stephen Muzzy will start on May 6th as our Green Schools Program Manager to faciliate the green building project creation and completion at campuses across Massachusetts. GREEN BUILDINGS!
 
 
 
Dinner was a really good time – here we have the Green Engineer table (above) and the NStar table (below). Though many people found themselves not at the tables they were assigned to! 
 
 
During the dessert, we convened the Awards Committee to present our Massachusetts Green Building of the Year award and our Innovation in Green Design awards. National Grid served as the Award Sponsor with Mark Stafford presiding. The awards were organized by Paul Brown, Carrie Havey, and Chris Liston (not pictured below). The judges were Holly Wasilowski Samuelson of Harvard GSD, Mark Webster of SGH and Susan Buchanan of VFA. Jess Halvorson of Bank of America served as an alternate.
 
 
 
And the winners included: Homeowners Rehab, Inc. for the Massachusetts Green Building of the Year: their 95-97 Pine Street, Cambridge, LEED Platinum project. The judges saw this as an important model for other affordable housing projects.
 
 
Bergmeyer Associates also won for an Innovation in Green Design Award in the Building Category for their work on the Hosteling International Building on Stuart St. in Boston.
 
 
 

Other winners inlcuded:

Special Recognition:

Sherman Fairchild Laboratory Renovation for Stem Cell and Regenerative Biology, Harvard University

Submitted by Payette. Notes: This project is an example of stellar energy performance in a lab.

Special Recognition:

One Boston Place

Submitted by CBRE.  Notes: The judges praised this project for its enthusiastic spirit of the approach to recertification under EB O&M.

Award Winning Entries – Innovation in Green Design

Winner – Product, System or Technology Category

Shady Hill School in Cambridge, MA

Submitted by Richard Burck Associates, Inc. Notes: This project skillfully handled water absorption and discharge to the aquifer.

 
It was a fun evening full of GREEN BUILDINGS!
 
-Grey Lee
 
 
 

Energy Disclosure Laws Gaining National Popularity

Apr 6, 2013 | Uncategorized

By Grey Lee

by Chris Liston
 
As the debate continues over Boston’s proposed energy disclosure ordinance, it has understandably shifted attention to those cities and states that have already enacted similar legislation.
 
To date, energy disclosure laws have been approved by lawmakers in Austin, California, the District of Columbia, Minneapolis, New York City, Philadelphia, San Francisco, Seattle and Washington.  Lawmakers in Boston, Boulder, Cambridge, Chicago and Portland have expressed interest in energy disclosure legislation, but have not yet formalized their programs.
 
Three commonalities in these laws are 1) the use of ENERGY STAR Portfolio Manager as a benchmarking tool 2) a focus on large buildings and 3) mandatory reporting with fines and/or penalties for those buildings that fail to disclose their data.  The definition of a “large” building differs by jurisdiction, but generally speaking the laws are focused on buildings with a minimum size of 10,000 SF to 50,000 SF.
 
Like the proposed Boston ordinance, most local energy disclosure laws have been phased in over a period of time.  The District of Columbia’s program was introduced in 2008; but per the District’s timeline, the only buildings to have their data disclosed have thus far been District-owned buildings.  New York City’s program was introduced in 2009 and energy data for NYC-owned buildings was first published in 2011, while energy data for privately-owned NYC buildings was first published in 2012.  Philadelphia’s law was just passed in 2012 and no energy data has yet been submitted or published.
 
The 2011 New York City Benchmarking Report, published in August 2012, was a groundbreaking study of private sector energy use spanning 1.7 billion square feet of space. The report found that energy use varies widely within the same category of building type.  For example, the least efficient NYC hotels use 3.2x as much energy as the most efficient NYC hotels.  Meanwhile, the least efficient NYC office buildings use 4.5x as much energy as the most efficient NYC office buildings and the least efficient NYC retail buildings use 7.9x as much energy as the most efficient NYC retail buildings.  In addition to the PDF report, NYC also released an Excel spreadsheet containing the name, address, energy utilization index, carbon emissions and ENERGY STAR rating for more than 4,000 privately-owned buildings.
 
You can download the 2011 New York City Benchmarking Report athttp://www.nyc.gov/html/gbee/downloads/pdf/nyc_ll84_benchmarking_report_2012.pdf.
 
You can download CBRE’s US guide to energy efficiency disclosure requirements at 
 

Institutionalizing Ignorance

Apr 3, 2013 | Uncategorized

By Grey Lee

Ignorance: state of being ignorant, lack of knowledge , education, or awareness.

I felt that I needed to get that definition in place right out front before I start throwing bombs. My first few posts have been on items that have been rather mundane such as groundskeeping and maintenance plans.  However, over the last couple of weeks several things have come to my attention that both angered me and made my wonder about the long term viability of the sustainability movement.

 

The children are the future

The first thing that got may attention was a concerted effort to pollute the minds of school children by requiring, under force of law, the teaching of climate denial in schools. Oklahoma, Colorado, and Arizona are all debating bills that refer to global warming as a “theory” that is “controversial” and riddled with scientific weaknesses. Despite the fact the National Academy of Sciences, as well as major national academies of science around the world and every other authoritative body of scientists active in climate research, have stated that the science is unequivocal: the world is warming and its primary cause is human activity.  The veracity of climate change is unshaken, despite the fact that this spring has been ice bound and last winter was virtually snowless. These variations are explainable.  The trend line of the data has been verified, despite the claims of climate change deniers.

These bills are being advanced under the canard that students need a “'balanced' perspective to develop critical thinking skills they need in order to become intelligent, productive and scientifically informed citizens.” (These efforts have been crafted and honed over decades.  If you want to learn more, an excellent PBS documentary is here.) This is the latest approach to arguing for an idea you can't possibly support with evidence – the false equivalency.  The powerful interests behind climate denial are well aware that the vast weight of evidence is against them so they propose that, for the sake of balance and fairness, both sides need to be considered equally.  This is bunk.  It is the same argument that was made between creationism and evolution.  One side has the vast weight of the generations greatest subject matter experts all reaching some form of accord, while the other has….nothing. The best support that they muster is a selective interpretation of the data.  Sure they can point to a scientist or two – often not even a climate scientist – to support their position.  The tobacco industry would occasionally find a scientist who did not believe that smoking damaged your health, but it did not mean that those scientists' opinions should receive the same weight as the avalanche of opposing colleagues. 

While these laws seem laughable on their face, this is not something to be trivialized. While the above referenced law is up for debate in 3 states, it has been raised in 10.  The forces that propose these laws are very well organized and heavily subsidized.  They are also expert at influencing the political process to gain a built-in, legislatively mandated advantage.  Kudo's for them.  If you care about something, you need to fight for it.  I fear that the pro-sustainability constituents may not be up for the fight.  Examples of their efforts include efforts to prevent the disclosure of fracking fluids, efforts to blockade renewable energy, and even developing a “Global Warming Curriculum for K-12 Classrooms.” 

 

 

 

Now, we get to the part that worries me.  

 

 

Journalists, the ones we trust to nurture an informed populace, seem to be completely abdicating any responsibility to cover environmental matters.  Last year we had the ridiculous op-ed in the Wall Street Journal where 16 scientists, most with no expertise in climate science, advocated that global warming has stopped.  That was countered by a letter sating that “97% of the scientists actively publishing in the field agree that climate change is real and human caused”. Despite the fact that that letter was written by 39 of the preeminent climate and atmospheric scientists in the world, the Wall Street Journal determined that it did not warrant a retraction or an explanation. It did not even deserve to be published in the more prominent op-ed section, yet it was relegated to “letters to the editor”. 

Just a year later we hear that the New York Times is disbanding its special environmental team of 7 reports and 2 editors. Six weeks afterward they disband its Green Blog.  A few days later, the Washington Post reassigned its star climate reporter to White House coverage.  The NYT still maintains dozens of blogs, including six that cover style and fashion. They claim that they are not de-empahsisizing environmental coverage, but that the stories will be available in other sections such as technology or politics.  No matter how you slice it, this is a dilution of emphasis. If covering the environment is not part of a reporters job and they are not passionate about it of if they are not required to produce green stories for an editor, then there can be little doubt that the issue will receive much attention. If we cannot count on the media to keep environmental concerns in the forefront of peoples consciousness, they will wither on the vine.  You cannot affect change without a motivated and informed populace.  When faced with the prospect of having to hunt for relevant information, the soporific effect of reality TV and the latest sensationalized news of the day will dull the minds and hearts of all but the most ardent supporters. 

 

 

 

Attacking LEED

Some elements of the press have been openly hostile. Late last year, an article in USA today attacked the LEED for schools program. It called into question the benefits of LEED and insinuated that LEED was ineffective at saving energy, promoting better student performance, and creating a better environment.  This was the second article critical of LEED in that publication by the same author.  Granted, we as a community can do better. We need to get our message out with case reports and studies. We need to focus on the economic, as well as human being aspects, of green building. We can't forget two of the three P's, people and profit.  However, without a press actively involved in accurately reporting environmental issues, who will counter such ill informed articles?  Not only will we have a populace that doesn't receive environmental news but now the news they receive will be inaccurate at best and twisted at the worst. 

A second example of information being twisted relates to recent governmental action looking to replace LEED with a sham standard. The U.S General Services Administration (GSA) has recently conducted a review of third party standards and it concluded that, while close, Green Globes was better aligned with the federal requirements for new construction.  Also, Congress has been pressuring the DoD to limit, if not eliminate, the use of LEED for their construction projects. The DoD, to their credit, has pushed back. 

Why is this important? The DoD and GSA are two of the biggest property managers in the world and both companies have a huge impact on shaping and driving markets. This pressure on Congress is coming from, no surprise, an industry group with the high minded name of The American High Performance Buildings Coalition.  These 27 trade groups represent interests such as chemicals, plastics, sealants, and wood products.  This group is pushing hard to make Green Globes a “business friendly and affordable alternative to LEED”. The vice president of plastics for the American Chemistry Council states that this coalition “will bring needed perspectives to this important work.” Another member of the group states that they see a danger (and seek to end) the “USGBC's further monopolization of these types of programs.” Once again we see the hydra of a false equivalency argument and a perceived “need” to bring an “equally valid” alternative to the table. 

 

The true nature of the group is revealed in its adoption of Green Globes as its alternative since Green Globes was essentially created by the Sustainable Forestry initiative (SFI) .This industry group was in opposition to the Forest Stewardship Council (FSC) and its stringent criteria for sustainable forestry. Rather than manage their forests sustainably, the SFI utilized funding from the lumber industry to hire a PR executive and started their own green certification program, Green Globes.  Now this group has spawned a second group called The American High Performance Buildings Coalition to recommend Green Globes.  Its like the snake eating its tail: you can't get your products accepted by LEED, so you create your own product certification.  Then you create a “third party” rating system that uses that “certified” product, only to create another group with even more undesirable products.  Next you have that group push government to adopt your “third party certification” across their properties and you use the governments' wide ranging influence to distort the market.  It's beautiful in a machiavellian sort of way.

 

 

 

“The sustainability regime is being quietly challenged, not from without but from within.”

 

 

Really?

The forces that seek to undermine the sustainability movement are not only battling in the war of public opinion, they are quietly eroding the efforts from the inside.  “Good-bye Sustainability, Hello Resilience” is a very interesting, if misguided, article in the respected journal Conservation.  The central tenant of this article is that sustainability has not worked, nor is likely to even work, and that a more pragmatic and more politically inclusive (my emphasis) approach, resilience, that focuses on adapting to the coming change rather than fighting against it. That sounds like capitulation to me. Now in the authors defense, he mentions that it's a “complementary dialog”, but that does bring to mind the false equivalency argument.  He points out that Lower Manhattan, with the largest collection of LEED certified buildings in the world, was built to be sustainable, but not resilient.  I would argue that the principles of sustainability and LEED in particular are -de facto- resilient. If you have on-site renewable energy, then are you not resilient to power outages? If you have rain water harvesting, is that not resilient? Proper air sealing, locally sourced materials, building orientation, durability and life cycle analysis all speak to resilience.  The reason that so much destruction occurred when Manhattan flooded was that much of the infrastructure was from a different, unconcerned time and that decisions were made to avoid flood proofing the newer buildings.  The author contends that those advocating sustainability are seeking a “perfect, stasis-under-glass equilibrium”. I don't think so.  I believe that the purpose of sustainability is to preserve what we can and conserve what we need. We are trying to bend the curve here and if we can't immediately halt climate change, then perhaps we can buy time. Perhaps technological advances will allow the developing world to bypass carbon intensive practices and move directly to renewables.  While it is important to follow the boy scout motto and “be prepared”, we should not simply resign ourselves to building higher sea walls.

If we wish to keep building a sustainable future, we need to be aware of the forces that are working against us. We need to shine the light of publicity on their activities. We need correct information, not a “balanced perspective”. We need to call out intellectual corruption and we must counter misinformation with credible data presented understandably. We need to work with manufacturers and business leaders to convince them that sustainability is not only the right thing to do, but that it is the profitable thing to do.  We need to keep our promises, admit our errors, tell the truth, and expose those that do not. We can not, and wecertainly must not, capitulate!

Kevin Dufour is an Environmental Scientist with Viridis Advisors. He collaborates with Tom Irwin on creating greener greenscapes. The opinions expressed by member bloggers are their own and not necessarily those of the USGBC Massachusetts Chapter.

 

 

 

 

 

 

 

 

 

 

 

Energy Disclosure is Coming to Boston

Mar 29, 2013 | Uncategorized

By Grey Lee

The USGBC MA Chapter is happy to promote, support, and advocate for public disclosure of energy use in Boston. According to the recent proposal, different types and sizes of buildings will report their energy use score (using EPA's Energy Star Portfolio Manager) into a public database over the next four years.  The city will rate all the buildings it owns starting in 2013. The information will be used to help the city's Energy and Environment Office, led by former USGBC MA Board VP Brian Swett, to craft incentives and programs to help owners embrace energy efficiency measures. It will not be used to force anyone to do anything, just to report their building's energy use. One of our members Chris Liston, Director of Energy and Sustainability at CBRE New England, noted that for his clients in New York, reporting for the entire year can be done in about 30 minutes. 
 
I went to City Hall on Thursday, March 28 to submit supportive testimony to the City Council, which will be voting on the ordinance in the near future. We believe the ordinance will lead to better building values, better tenant experiences, better building operating practices, reduced waste of energy, and reduced greenhouse gas emissions among other things. Some organizations, including Boston's Building Owners and Managers Association (BOMA), came out against the ordinance.  Industry leaders like Partners Healthcare and Boston Properties spoke in support of the ordinance. It seemed like a lot of the opposition just didn't understand the program. It was too bad, but the USGBC MA Chapter is here to help people learn more and get more support behind the measure.
 
The ordinance is somewhat like telling people to go weigh themselves when you care about their health. If someone knows their weight, they might decide to start exercising or eating better. But some people just don't even want to know things and this ordinance isn't even like telling anyone you have to go to the gym – just to get weighed!
 

 
Our testimony is on this page, in the news and announcement section of our website. You can also see me, near the beginning, in this video. The city has a lot of info on the ordinance at the Energy and Environmental Services Office.
 
Below is the famous Boston City Hall—the civic building that everyone loves to deride. It is a bit dingy, but it serves the purpose. A lot of important work goes on there and the needs of the city are met by the Mayor, the City Council, and the many municipal employees working for Boston.
 
 
 

Below is the City Council Chamber. The table in the foreground was for panelists to submit testimony.  There on the right side of the table is Darien Crimmin, member of the Chapter and VP for Sustainability and Energy at Winn Development, testifying on behalf of energy disclosure. His firm measures and scores their buildings with the Energy Star Portfolio Manager in order to make better management decisions about where to invest in physical plant improvements and energy efficiency projects.

One of the criticisms of the proposal came from a study, funded by BOMA, by Harvard researcher Robert Stavins. His conclusion was that no city where an ordinance exists has been able to show a measurable decrease in energy use. One response to this is that these laws have only just been implemented and it's reasonable to have not seen appreciable savings yet. Advocates point to the fact that industry leaders are already using disclosure and energy scoring to save money and make investments in energy efficiency. BOMA Boston suggests that the market is the best encouragement for this rather than a city-mandated policy.
 

 
We were disappointed at so much negative reaction from the conventional real estate world. One advocacy entity had revved up the reactionaries in the condominium association world. Many small condo association representatives came to complain about potential cost burdens on their residents. 
 
I am afraid the term “assessment,” i.e. “energy assessment” was confused with the red-letter financial “assessment” concept that poorly managed condominium associations occasionally levy on their members to handle unplanned-for capital improvements. 
 
It was a real shame.  Brian Swett reported that the proposed ordinance only affects multi-family properties and/or condo associations with more than 25 units, of which there are only about 250 in the city, not the thousands that association reps were claiming. The ordinance does not affect single-family homes. One confused broker mentioned that having an energy score on a unit or house would be a major hassle for sellers—they already have to disclose lead and radon; adding energy efficiency to the mix could provide prospective buyers with more information than they could handle. The pro- side of the ordinance gave a round of applause on that one. 

 

One opposition heavyweight (below) that came to testify the Commercial Real Estate Development Association of Boston near the end was David Begelfer, CEO of NAIOP.  He argued that Boston should stay out of the real estate markets and let best practices reward the right players.

Brian Koop, VP at Boston Properties, came up with a good analogy. He noted that his kids love to play basketball. They play ball in the driveway with other kids in the neighborhood. When he comes home driving down the street, he can instantly tell whether the kids are keeping score or just playing around. When you keep track of the score, he said, you play differently. You play better batter when keeping track of the score. He talked about how his firm is serious about energy efficiency and uses Portfolio Manager to keep track of the performance of their properties, all of which guides important, asset-improving investments. He urged the city to help other firms get serious about improving their operations using energy disclosure as well.
 

One important note that came through was that owners and traditional real estate folks felt like they had not been involved in the process enough and they wanted the ordinance to be less punitive. They wanted to be at the table. I'm not sure exactly how the industry was involved in the drafting of the ordinance in Boston, but I can see how a more inclusionary process might have worked better and muted much of the resistance.  So much of it was irrelevant rants from misinformed activists, but that's democracy for you!

 
USGBC's national advocacy lead Jeremy Sigmon wrote to me: “Property owners in many cities, including San Francisco, Seattle and New York City, worked hand-in-hand with city officials to develop recommendations on benchmarking and disclosure ordinances. Local ordinances have been supported by the Real Estate Board of New York and BOMA San Francisco. From BOMA San Francisco: “Our property owners initially thought, 'Oh, this is going to be horrible' … but there's been no blowback, if you will, from property owners,” said Ken Cleaveland, a vice president with BOMA San Francisco. “It's just been a non-issue, quite frankly.”

I was glad to represent the Chapter at City Hall. It was a valuable learning experience for me and I met a lot of good people working on this disclosure ordinance. Thank you to the Chapter's Advocacy Interest Group for pulling together our testimony—Norm Lamonde and Greg Sampson principally. Thank you to Brian Swett for arranging me to be on one of the support panels. I look forward to working with the coalition to make energy disclosure a reality here, in Boston and beyond.
 

 

As I left, I noticed a lot of media coverage of the event. I knew it was contentious, but I didn't realize energy disclosure was such a hot-button issue!

(Well, actually, it did happen to be the same afternoon Mayor Menino announced his retirement…)

Let's Rock the Northeast Regional Summit

Mar 26, 2013 | Uncategorized

By Grey Lee

 

Is it the greatest show on earth? Or maybe for the earth? Well, you won't know if you don't go! The Upper Northeast Regional (UNRC) Summit is only once a year–this time on April 18th and 19th. So if you're ready to rock Rhode Island with your fellow USGBC Chapter members from your state and chapters from CT, MA, ME, NH, NY (Upstate), and VT, then mark your calendars now.

The UNRC summit is kinda like Coachella, but not a lot of music and a whole lot more green building/organizing, help/learning from each other. A large crew from Massachusetts will be there, so don't miss out!  Jim Newman, the UNRC Regional Rep, is the info man if you want more deets.

 

 

 

What’s the program like? Glad you asked. You can read about it in-depth here or see below for the set list:

Thursday, April 18, 2013
6:00 PM – 7:00 PM: Continuing Education Course
 
7:00 PM – 9:30 PM: Opening Reception

Friday, April 19, 2013
7:30 AM – 8:30 AM: Registration and breakfast bar

8:30 AM – 8:40 AM: Welcoming remarks

8:40 AM – 9:15 AM: Keynote Address from United States Senator Sheldon Whitehouse

 

9:15 AM – 10:15 AM: First Morning Session – Doing the Extraordinary–Chapter, Members, and Leadership
 

Four panels: 

1. Building Teams That Rocket and Rock It – Boards That Takeoff and Go BOOM! BAM! POW! – Going byeond the basics, we can ll walk, now we run

2. Chapter Steering Committee (CSC)/Emerging Professionals (EP) – Who are they, what do they do, and how we can use these resources as one of our bridges and connections to the national USGBC, our Upper Northeast Region, and Between our Chapters

3. Membership/Membership Touches ~ Chapter Programs/Positioning of the Chapters ~ Fundraising/Partnerships – The engine oil, transmission fluid, and the renewable fuel that keeps your Chapter running.

4.Ideas Charrette – Brainstorm Ideas and Initiatives for your Chapter, Chapter to Chapter, Chapter to Regional Committee, Chapter to Regional Committee to National USGBC

 

 

 

 

10:15 AM – 10:30 AM: Break

 

 

10:30 AM – 11:30 AM: Second Morning Session – Repeat Panels 1 through 4

 

11:30 AM – 1:00 PM: Lunch & Keynote Speaker Richard Saul Wurman
1:00 PM – 1:15 PM: Break
1:15 PM – 2:15 PM: First Afternoon Session – Doing The Extraordinary–Changing The World
Four panels:

5. LEED v.4 and LEED for Neighborhood Development (LEED-ND) – Powerful Ideas, Powerful Tools, Powered by You!

6.Energy Initiatives – Who Else Is Pushing Envelopes and Moving the Horizon Line

7.Climate Change – Why It Matters to the Northeast: Irene, the 100-Year and 200-Year Flooding in RI, and Extra-tropical Super Storm Sandy – The Then, The Now, and The To-Be

8.Kicking A** Organizations – Who Are Those Guys and How Did They Do That? Tales Far Flung From the USGBC Ranch

 

 

2:15 PM – 2:30 PM: Break

 

 

2:30 PM – 3:30 PM: Second Afternoon Session – Repeat Panels 5 through 8
3:30 PM – 4:30 PM: Plenary Session – Where Do You See Your Members, Chapter and the Region Going From This Point Forward? Doing Anything Extraordinary?
 

 

 

The Lowdown

 

 

 

When: April 18-19, 2013

 

 

 

Where: New England Institute of Technology

 

East Greenwich Campus
One New England Tech Boulevard
East Greenwich, Rhode Island 02818

 

To Register: If you are interested in registering, please visit the New York Upstate Chapter event registration page. 4/18 education program is $20, full program Thurs eve and Friday all-day is $50 – an incredible bargain!

Rock on!

 

Get Your LEED (Green Associate) On!

Mar 22, 2013 | Uncategorized

By Grey Lee

For those interested in sustainability with a specific focus on green building, getting LEED certified is the way to go. The best place to start is with the LEED GA (Green Associate) exam.  This exam is a two-hour, computer-based test covering the essentials of green design, construction, and operations. Individuals in a variety of occupations–from real estate to planning to education and beyond–take the exam every year to grow their knowledge and boost their careers. If you're thinking about going for your LEED GA, we at the USGBC MA Chapter are here to help. Our next LEED GA study group kicks off at 281 Summer Street, 5th Floor, Boston, MA 02210, on Thursday, April 4th from 5:45 PM – 7:30 PM.  We will meet for the following five Thursdays at the same time and place. The best part is that each session with be led by a seasoned green building professional such as Erik Ruoff or Tom Hardey. Here's the agenda for each meeting:

 

  • 4/4: USGBC Programs: General LEED GA knowledge, GBCI, Rating Systems
  • 4/11: Sustainable Sites and Water Efficiency
  • 4/18: Energy and Atmosphere and Indoor Environmental Quality
  • 4/25: Materials and Resources, Innovation in Design, Regional Priority, & upcoming LEED v4
  • 5/2: Green Building Jeopardy
  • 5/9: Wrap-up and Green Associate Exam Prep

Hope to see you at the next meeting!

 

 

     

    One State, Three Awards, Many Amazing Projects

    Mar 19, 2013 | Uncategorized

    By Grey Lee

    Time flies when you're building green!  The USGBC Massachusetts Chapter launched its Innovation in Green Design Award program back in 2008 with the aim of publicly celebrating the most innovative green buildings and products in the Commonwealth. Hard to believe, but the Sixth Annual awards program is already upon us. That means it's once again time to recognize those projects that have been innovative, yet have also blazed a trail others may follow. Another key aspect of the awards is to promote the triple bottom line, so we'll be looking for projects that make a positive impact environmentally, economically, and socially.
     

    In addition to continuing to give out awards for Innovative Building or System and Innovative Product or Technology, we're very proud to present a NEW category: Massachusetts Green Building of the Year Award! If you have a great green project you want to tell the world about, please enter by this Friday, March 29 at 5 p.m for your chance to win. All Innovation in Green Design submissions should be dropped off or mailed to the USGBC MA Offices (Attn: Grey Lee at Space with a Soul – 281 Summer Street, 5th Floor, Boston MA 02210). Whether you enter the contest or not, join us to celebrate all of the state's green builders at our fabulous Earth Day event on Wednesday, April 10 from 5:30-8:30 p.m at 2 International Place, Boston, MA 02110. We'll have the awards ceremony as well as live music, delicious food and drink, and the opportunity to connect with your green building colleagues. See below for more photos of last year's ceremony.