Regulating Green Building in Virginia

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This presentation was given by Chris Cheatham at the William and Mary School of Law Environmental Law Review Symposium "It Ain't Easy Building Green."

If you would like to learn about green building regulations and the green building industry in Virginia, this is the presentation for you. If you have questions or comments, please email chrischeatham@gmail.com. Feel free to contact Chris if you are interested in having this presentation given at your next meeting or event!

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Regulating Green Building in Virginia

  1. 1. Regulating Regulating Green Building in Virginia Chris Cheatham, LEED AP, Esq. Watt, Tieder, Hoffar & Fitzgerald, LLP Saturday, February 7, 2009 1
  2. 2. Regulating Green Building in Virginia What will you learn? 1. Green building is regulated through incentives or mandates 2. Virginia’s Dillon Rule requires green building mandates at state level 3. Virginia cities are incentivizing green building Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 2
  3. 3. [TITLE OF PRESENTATION] Regulating Green Building in Virginia Agenda • Green Buildings in Virginia • Brief Intro to Green Building Law • Green Building Regulations • Virginia Green Building Regulations • The Future of Green Building Regs Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 3
  4. 4. Green Buildings in Virginia • Number of green buildings: • LEED certification - 61 • LEED registered - 498 • Types of green buildings: Commercial, Schools, Residential Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 4
  5. 5. Green Buildings in Virginia • Commercial Building • One and Two Potomac Yard, Arlington, VA • LEED Gold • 63 percent regional materials • 41 percent water -U.S. Environmental Protection Agency reduction Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 5
  6. 6. Green Buildings in Virginia • Schools • Kersey Creek Elementary School, Hanover Co., VA • LEED Silver • 41%water reduction -Moseley Architects • 27% energy reduction Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 6
  7. 7. Green Buildings in Virginia • Residential • The Quarries ecoVillage, Schuyler, VA • First Earthcraft Certified House • High efficiency heat pump • Energy Star appliances -Virginia Sustainable Building Network Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 7
  8. 8. Green Buildings in Virginia • College of William and Mary - LEED certification: • Recreation Center • Dormitories at Barksdale Field -Moseley Architects Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 8
  9. 9. Green Building Law • Front End • Contracts • Financing • Regulations Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 9
  10. 10. Green Building Law • Back End - possible disputes: • Certification • Strategies • Regulations • Shaw Development - example of green building regulation causing dispute Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 10
  11. 11. Green Building Regulations • Basic structure of Regulations • Incentives - Portland, Oregon • Mandates - Washington, D.C. Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 11
  12. 12. Green Building Regulations • Incentives - Portland, Oregon • Green Building Feebate Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 12
  13. 13. Green Building Regulations • Mandates - Washington, D.C. • D.C. Green Building Act of 2006 • Jan. 1, 2012 • Privately-owned projects must be LEED Certified • Enforcement Mechanism: Performance Bond Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 13
  14. 14. Virginia Green Building Regulations • Dillon Rule • State Level • City/County Level Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 14
  15. 15. Virginia Green Building/ Dillon Green Building Regulations • Dillon Rule: • “Municipal corporations have only those powers that are expressly granted, those necessarily or fairly implied from expressly granted powers, and those that are essential and indispensable.” • Ticonderoga Farms v. County of Loudoun Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 15
  16. 16. Virginia Green Building/ Dillon Green Building Regulations • Dillon Rule • State Building Code Section 36-98 • “The Board is hereby directed and empowered to adopt and promulgate a Uniform Statewide Building Code. Such building code shall supersede the building codes and regulations of the counties [and] municipalities . . . .” Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 16
  17. 17. Virginia Green Building/ Dillon Green Building Regulations • Dillon Rule • State Zoning Code § 15.2-2285. • “The planning commission of each locality may, and at the direction of the governing body shall, prepare a proposed zoning ordinance including . . . a text setting forth the regulations applying in each district.” Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 17
  18. 18. Virginia Green Building Regulations • What does the Dillon Rule mean? • Building codes at the state level • Zoning requirements at the municipal level Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 18
  19. 19. Virginia Green Building State of Green Building: Regulations • State Level • Gov. Tim Kaine - Executive Order 48 • “State-owned facilities . . . shall be designed and constructed consistent with the U.S. Green Building Council’s LEED rating system or . . . ‘Energy Star’ rating.” Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 19
  20. 20. Virginia Green Building State of Green Building: Regulations • State Level • General Assembly budget amendments: state owned-facilities constructed consistent with LEED or Green Globes rating system • Governor Kaine vetoed Green Globes; General Assembly overrode the veto Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 20
  21. 21. Virginia Green Building State of Green Building: Regulations • State Level • S.B. 447, the Green Building Act, introduced January 9, 2008 • “Ensure” construction of state-owned buildings “comply” with the LEED Silver standard Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 21
  22. 22. Virginia Green Building State of Green Building: Regulations • State Level • Senate Committee on General Laws and Technology changed to LEED or Green Globes rating system • The amended S.B. 447 passed in the Senate, 39-0 • Died in the House of Delegates’ Committee on General Laws Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 22
  23. 23. Green Green BuildingThe Cities Virginia Building: Regulations • City/County Level • “Arlington County is deliberately pushing the limits of state law to insist on green standards for development. . . . Arlington pioneered green building standards through its planning and zoning . . . process.” -VA. Lawyers Weekly, 9/22/08 Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 23
  24. 24. Virginia Green Building Regulations • City/County Level • Arlington County • Site Plan Program: 1. Green Building Fund 4. LEED Scorecard 2. Construction Waste 5. LEED Tracking Management 6. Energy Star 3. LEED AP Appliances Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 24
  25. 25. Virginia Green Building Regulations • City/County Level • Arlington County • Bonus Density Program • LEED certification = FAR variance • Enforcement mechanism: bond Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 25
  26. 26. Green Green BuildingThe Cities Virginia Building: Regulations • City/County Level • Alexandria • “City’s goal is to achieve LEED- Silver rating for all new City-owned facilities over 5,0000 square feet.” Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 26
  27. 27. Green Green BuildingThe Cities Virginia Building: Regulations • City/County Level • Alexandria • Green Building Policy Recommendations: “The City does not have the legal power to adopt a new code to mandate its Green Building Policy.” Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 27
  28. 28. Green Green BuildingThe Cities Virginia Building: Regulations • City/County Level • Alexandria • Green Building Policy Recommendations: Site Plan • Non-residential: LEED Silver • Residential: LEED certified Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 28
  29. 29. Green Green BuildingThe Cities Virginia Building: Regulations • City/County Level • Public building requirements • Richmond - LEED Silver • Albemarle County - LEED certification • Tyson Corner Task Force - LEED certification recommended Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 29
  30. 30. Green Building: Building Regs The Future of Green The State • Likelihood in 2009 • $2.9 billion budget deficit • Gov. Kaine: “This year, I will ask you to ratify that approach again, by requiring in the Code of Virginia that all state and local government buildings meet either LEED or Green Globes standards for efficiency.” Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 30
  31. 31. GreenGreenGreen Building Regs Virginia Building: The State The Future of Building Regulations • Economic Recovery Program • $3.2 billion in House bill for State Energy Programs (increase from $25 million per year) • Condition funds on Governor’s promising state will adopt energy efficient building codes Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 31
  32. 32. Regulating Green Building in Virginia What did we learn? 1. Green building is regulated through incentives or mandates 2. Virginia’s Dillon Rule requires green building mandates at state level 3. Virginia cities incentivizing green building Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 32
  33. 33. Regulating Green Building in Virginia Want to learn more? www.greenbuildinglawupdate.com chris@greenbuildinglawupdate.com Chris Cheatham - www.greenbuildinglawupdate.com Saturday, February 7, 2009 33

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