SUSTAINABILITY, GREEN BUILDING AND GREEN DEVELOPMENT Connecticut Bar Association Real Property Section December 4, 2008 Robert J. Sitkowski, Esq., AIA, LEED-AP

What is Sustainability? Balance and Integration of The Three Es –Social (Equity) Goals –Environmental Goals –Economic Goals The Triple Bottom Line –People –Planet –Profit

What is Sustainable Development? Development that meets the needs of the present without compromising the ability of future generations to meet their own needs. United Nations "Report of the World Commission on Environment and Development." General Assembly Resolution 42/187, 11 December 1987.

What is Responsible Growth? According to the February 4, 2008 Report of the Responsible Growth Task Force to Governor Rell:

What is Responsible Growth? Responsible growth is economic, social, and environmental development that uses land and resources in ways that enhance the long-term quality of life for Connecticuts current and future generations. Responsible growth supports a vibrant and resilient economy and preserves the natural resources upon both of which that quality of life depends. Responsible growth maximizes previous investments in existing infrastructure while preserving distinctive landscapes, historic structures, landmarks, and villages.

What is Responsible Growth? Responsible growth requires leadership and governance of the highest caliber to prioritize public decisions in a manner that maximizes the long-term benefits to the states residents and communities. It demands a collaborative approach to analysis, decision-making, and evaluation between and among all levels of government to ensure consistency with integrated local, regional, and state-wide vision, plans, and strategies.

Framework: Buildings v. Development Pattern Buildings account for 30% to 40% of global energy use, be it in construction, operation or demolition. Less attention has been focused on patterns of development, but this is changing Different focus than other climate change discussions in the news

Green Building United States Green Building Council (USGBC) LEED System Energy Star (USEPA) Green Building Initiative (GBI) Green Globes System ICC/NAHB National Green Building Standard (Residential only) –Build Green Connecticut International Initiative for a Sustainable Built Environment (iiSBE) SB Tool 07

What is LEED? Leadership in Energy and Environmental Design

USGBC LEED Rating Systems

LEED-NC 2.2 Rating System Sustainable Sites Water Efficiency Energy & Atmosphere Materials & Resources Indoor Environmental Quality Innovation in Design

LEED-NC 2.2 Levels –Certified: 26 – 32 points –Silver: 33 – 38 points –Gold: 39 – 51 points –Platinum: 52 – 69 points Timing –Design (100% CDs) –Construction (Substantial Completion)

LEED 2009 Certified: 40 points Silver: 50 points Gold: 60 points Platinum: 80 points Total Base Points 100 Bonus 10 Innovation & Regionalization Points 110 Possible Points

Conn. Gen. Stat. Section 16a-38k (a) Notwithstanding any provision of the general statutes, any (1) new construction of a state facility that is projected to cost five million dollars, or more, and for which all budgeted project bond funds are allocated by the State Bond Commission on or after January 1, 2008, (2) renovation of a state facility that is projected to cost two million dollars or more, of which two million dollars or more is state funding, approved and funded on or after January 1, 2008, (3) new construction of a facility that is projected to cost five million dollars, or more, of which two million dollars or more is state funding, and is authorized by the General Assembly pursuant to chapter 173 on or after January 1, 2009, and (4) renovation of a public school facility as defined in subdivision (18) of section that is projected to cost two million dollars or more, of which two million dollars or more is state funding… shall comply with or exceed compliance with the silver building rating of the LEED…, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program until the regulations described in subsection (b) of this section are adopted. (b) Not later than January 1, 2007, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Public Works, the Commissioner of Environmental Protection and the Commissioner of Public Safety, shall adopt regulations, in accordance with the provisions of chapter 54, to adopt state building construction standards that are consistent with or exceed the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, including energy standards that exceed those set forth in the 2004 edition of the American Society of Heating, Ventilating and Air Conditioning Engineers (ASHRAE) Standard 90.1 by no less than twenty per cent, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program, and thereafter update such regulations as the secretary deems necessary.

Public Act No , Section 78(b); Codified at Conn. Gen. Stat. Section a(b) For Private Buildings –$5 Million New – Building Permit applied for on or after January 1, 2009 –$2 Million Alteration – Building Permit applied for on or after January 1, 2010 LEED Silver/Green Globes/Equivalent

Public Act No , Section 78(b); Codified at Conn. Gen. Stat. Section a(b) Status of Pending State Building Code Amendments –Codes Amendment Subcommittee met December 2, 2008 to begin development of green building code provisions –Projected timeline calls for draft Codes & Standards Committee-approved green building code provisions to be submitted to AGs office by Summer 2009

What is LID? Low Impact Development

LEED-ND Rating System Smart Location & Linkage –30 possible points Neighborhood Pattern & Design –39 possible points Green Construction & Technology –31 possible points Innovation & Design Process –6 possible points

Ratings Levels –Certified: 40 – 49 points –Silver: 50 – 59 points –Gold: 60 – 79 points –Platinum: 80 – 106 points Timing –Pre-Review (before permits and approvals have been obtained) –Approved Plan (after approvals but before construction) –Completed Neighborhood Development

Pilot Projects in CT Storrs Center (Mansfield) Georgetown (Redding) 745 Chapel Street (New Haven) Metro Green (Stamford) Harbor Point (Stamford) River Oaks (Simsbury)

LEED-ND 2009 Approval Process First Public Comment Period (11/17/08 – 1/5/09) Second Public Comment Period will incorporate recommended changes Final draft delivered to USGBC members for balloting For additional information see

Compact Development is Green Development Such Plan of Conservation and Development shall... be designed to promote, with the greatest efficiency and economy, the coordinated development of the municipality and the general welfare and prosperity of its people and identify areas where it is feasible and prudent (i) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (ii) to promote such development patterns and land reuse,.... General Statutes Section 8-23(d)(1)(C)

The only thing people like less than sprawl is density.

Future Industry Trends Possible ongoing requirements to ensure proper building operation and management Widespread adoption of LEED standards by state and local governments Development and adoption of LEED-based building code provisions –ASHRAE Proposed Standard 189.1: Standard for the Design of High-Performance Green Buildings Except Low-Rise Residential Buildings

Top Issues Facing Real Estate Attorneys Liability resulting from claims made by developers/builders/sellers Review contract clauses to ensure it properly addresses Green standards and the parties expectations Ensure that building performance is not overstated