1. Green Roofing & Public Policy
The Greening of the Rooftop
Module 10
Green Roofing & Public Policy
Regulations & Incentives

2. Green Roofing & Public Policy
Green Incentives
Federal Policies
State & Local Programs

3. Green Roofing & Public Policy
Green Incentives
Water
Air
Energy

4. Green Roofing & Public Policy
Clean Water
Federal Policy
Legislation: Clean Water Act (1985) / Water Quality Act (1987)
Enforcement: Environmental Protection Agency (EPA)
State & Local Policy
Legislation: Varies, but tends to follow Clean Water Act
Enforcement: State environmental agencies participate in enforcing the Clean Water Act

5. The Clean Water Act & Storm Water Runoff
The Clean Water Act (1985) directed the EPA to regulate water pollutants, but the act did not specifically direct the EPA to regulate storm water runoff.
In a 1975 decision(1), the U.S. Supreme Court ruled that storm water was covered by the Clean Water Act and must be regulated
This decision has lead to a variety of regulatory approaches to decrease pollution caused by storm water runoff.
(1) Natural Resources Defense Council v. Train, 396 F.Supp (D.D.C. 1975), aff'd. by NRDC v. Costle, 568 F.2d 1369 (D.C. Cir. 1977).

6. Storm Water Runoff and Combined Sewer Overflows
Clean Water Act
Storm Water Runoff and Combined Sewer Overflows
Source: Clean Solutions for Omaha (

7. Combined Sewer Overflows
Clean Water Act
Combined Sewer Overflows
Combined sewer system are remnants of the country's early infrastructure and so are typically found in older communities. Combined sewer systems serve roughly 772 communities containing about 40 million people.
Cities with Combined Sewer Systems
Source: US EPA

8. Urban Sewer Overflow Strategies
Combined Sewer Overflows
Urban Sewer Overflow Strategies
Replace combination sewers with separate storm / sanitary sewers ($$$$)
Construct overflow holding tanks to hold storm overflows and gradually divert to the treatment plant ($$)
Construct water-retaining vegetated roofs on urban buildings ($)

9. Communities with Vegetated Roof Incentives
Combined Urban Sewer Overflows
Communities with Vegetated Roof Incentives
City:
Incentive:
Chicago:
Fast-track project approval & reduced permit fees
Limited investment offsets
Pilot offset incentive program
Reduced development fees
Portland:
New York City:
Minneapolis:
… and more on the way
Source: Green Roofs For Healthy Cities

10. Green Roofs Tree of Knowledge:
Combined Urban Sewer Overflows
Communities with Vegetated Roof Incentives
Find out more from Green Roofs for Healthy Cities
Green Roofs Tree of Knowledge:

11. Green Roofing & Public Policy
Clean Air
Federal Policy
Legislation: Clean Air Act ( )
Enforcement: Environmental Protection Agency (EPA)
State & Local Policy
Legislation: Varies, but tends to follow Clean Air Act
Enforcement: State environmental agencies participate in enforcing the Clean Air Act

12. Clean Air Act The Clean Air Act & CO2
The Clean Air Act (1963) directed the EPA to regulate air pollutants, but the EPA did not consider CO2 and other greenhouse gasses to be pollutants
In a 2008 decision(1), the U.S. Supreme Court ruled that CO2 and other greenhouse gasses were covered by the Clean Air Act and should be regulated
This decision may lead to a variety of new regulations, including peak energy consumption limits, carbon caps, carbon trading, etc.
(1) Commonwealth of Massachusetts et al. v. Environmental Protection Agency

13. Clean Air Act Roofing & Clean Air Policy
In general, clean air policy in roofing will involve energy regulations and incentives:
Roof Energy Efficiency
Cool Roofing
Highly-Insulated Roofing
Clean Rooftop Energy
Photo-Voltaic
Daylighting
Wind

14. Energy Efficiency / Clean Energy
Green Roofing & Public Policy
Energy Efficiency / Clean Energy
Federal Tax Incentives
Energy Policy Act of 2005
New Pending Legislation
Federal Purchasing Policies
Energy Independence & Security Act of 2007
Executive Order 13423
State & Local Policies & Incentives

15. The Energy Policy Act of 2005
Current Federal Energy Tax Incentives
The Energy Policy Act of 2005
Provides up to a $300 federal income tax credit for homeowners for installing a variety of energy-efficient products (Expires 12/31/2008)
Provides a 30% federal income tax credit and 5-year accelerated depreciation for businesses installing solar power (Expires 12/31/2008)
Provides up to a $1.80 / sq. ft. federal income tax deduction for increasing energy-efficiency of commercial and public buildings (Expires 12/31/2008)

16. Pending Legislation (1)
Federal Energy Tax Incentives
Pending Legislation (1)
Extends the energy-efficient income tax credit for homeowners through 2009
Extends 30% solar power tax credit for businesses through 2016
Extends energy-efficiency commercial building tax deduction through 2013 (2)
Provides $3.6 billion in new Clean Energy Bonds for green community projects
HR.2776 Renewable Energy and Energy Conservation / S.2821 Clean Energy Tax Stimulus Act
Note: Senate version also increases the deduction from $1.80 to $2.40 per square foot.

17. Commercial Building Tax Deduction
Energy Policy Act of 2005
Commercial Building Tax Deduction
Applies to new or existing buildings
The $1.80 tax deduction may be divided between partial deductions for:
Lighting systems: $0.60 / sq. ft.
Heating & cooling systems: $0.60 / sq. ft.
Building envelope: $0.60 / sq. ft.
The tax deduction may be taken for both private and public projects:
Private Project: The building owner may receive the deduction
Public Project: The building designer may receive the deduction (1)
New!!
(1) IRS Notice

18. Building Envelope Partial Deduction
How the Commercial Building Tax Deduction Works
Building Envelope Partial Deduction
In order to qualify for the $0.60 partial deduction, the building envelope must provide at least a 10% reduction over ASHRAE in the combined usage of the building’s heating, cooling, ventilation, hot water, and interior lighting systems(1)
Energy calculations must be performed and certified by a design professional using approved energy software(2)
The deduction must be taken in the year the building or the energy improvement is placed in service
Roof insulation and reflective roof surfaces may be used as part of the design to achieve the 20% reduction
IRS Notice
List of approved software available at

19. Lighting Partial Deduction
How the Commercial Building Tax Deduction Works
Lighting Partial Deduction
Total building lighting power density must provide at least a 25% reduction(1) beyond current requirements of ASHRAE
25% reduction earns $0.30 per sq. ft. deduction
40%% reduction earns $0.60 per sq. ft. deduction
Deduction may be interpolated between 25% and 40%
Energy calculations must be certified by a design professional(1)
The deduction must be taken in the year the building or the energy improvement is placed in service
Rooftop daylighting may be used as part of the design to reduce total power density
IRS Notice

20. Federal Energy Tax Incentives
Find Out More …
The Tax Incentives Assistance Project

21. Federal Energy Purchasing Policies
Current Federal Energy Policy
Federal Energy Purchasing Policies
Energy Policy Act (2005) / Energy Independence and Security Act (2007)
All new Federal buildings must be constructed to provide a minimum 30% reduction in energy consumption beyond ASHRAE (1)
Provides preference for Energy Star -labeled products (2) , including Energy Star Commercial Roofing Products
Requires that at least 30% of hot water requirements in Federal buildings must be provided by solar water heating
To the extent that the construction is life-cycle cost-effective
To the extent that the product is cost-effective

22. Federal Energy Purchasing Policies
Current Federal Energy Policy
Federal Energy Purchasing Policies
Executive Order (Green Power Purchasing)
Sets long-term goals for clean energy usage by the Federal government
3% in
5% in
7.5% in 3013 and beyond
At least 50% of clean energy must come from new sources
Sets a goal of at least 20,000 solar energy systems on Federal buildings by 2010 (Million Solar Roof Initiative)

23. State & Local Incentives
Green Roofs, Clean Energy & Energy Efficiency
State & Local Incentives
Incentives may take many forms:
Tax credits (income / property / sales)
Fee reductions / exemptions
Grants
Loans
Rebates

24. State Incentives Example
State of Florida (1)
Corporate Tax Credits
Renewable Energy Production Tax Credit
Renewable Energy Technologies Investment Tax Credit
Sales Tax Exemptions
Renewable Energy Equipment Sales Tax Exemption
State Grant Programs
Renewable Energy Technologies Grants Program
State Rebate Programs
Solar Energy System Incentives Program
Utility Rebate Programs
Florida Power and Light - Business Energy Efficiency Rebates
Gainesville Regional Utilities - Commercial Energy Efficiency Rebate Program
Gainesville Regional Utilities - Solar-Electric (PV) System Rebate Program
JEA - Solar Incentive Program
Progress Energy Florida - Commercial Building Envelope Improvements Program
Progress Energy Florida - Commercial Equipment Rebate Programs
Tampa Electric - Commercial Cooling Energy Efficiency Rebate Program
(1) Partial Listing
Source:

25. State of Connecticut (1)
State Incentives Example
State of Connecticut (1)
Property Tax Exemption
Property Tax Exemption for Renewable Energy Systems
Sales Tax Exemption
Sales and Use Tax Exemption for Energy-Efficient Products
Sales and Use Tax Exemption for Solar and Geothermal Systems
State Grant Program
CCEF - On-Site Renewable DG Program
State Rebate Program
CCEF - Solar PV Rebate Program
Utility Rebate Program
Connecticut Light & Power - Operation and Maintenance Program
Connecticut Light & Power - Small Business Energy Advantage Program
Groton Utilities - Commercial & Industrial Energy Efficiency Rebate Programs
The United Illuminating Company - Small Business Energy Advantage Program
(1) Partial Listing
Source:

26. State & Local Incentives
Roofs, Clean Energy & Energy Efficiency
State & Local Incentives
Check out the incentives in your state – all at one web site:
Database of State Incentives for Renewables and Efficiency (DSIRE)