All Posts Tagged With: "green building law"
Industry Groups Launch Legal Challenge to Albuquerque Green Building Codes
Albuquerque, New Mexico’s Energy Conservation Codes were signed into law back in January, but their implementation was delayed until July 1 after industry groups voiced concerns during the spring that the Codes were, among other things, preempted by federal law. The Codes purported to raise the standards on the installation of HVAC equipment for all new and retrofit commercial and residential projects to a Seasonal Energy Efficiency Ration (”SEER”) of 15 (for air conditioning) and an annual fuel utilization efficiency (”AFUE”) of 90 percent (for heating). The suit was filed in U.S. District Court for the District of New Mexico by, among other plaintiffs, Air Conditioning, Heating and Refrigeration Institute.
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15Jul2008 | Stephen Del Percio | 0 comments | Continued
Huntington (LI) LEED Legislation Offers Incentives for Developers to Go Green
Earlier this evening, Huntington, Long Island’s town board approved legislation that offers local developers incentives for pursuing a LEED rating. The program requires developers to provide $1.00 per square foot to the town of Huntington itself. If developers build to any level of formal LEED certification, they get to keep 80 cents on each dollar upon final completion and award of a LEED rating. If the project does not receive LEED certification, all of the funds are forfeited to the town. Monies raised will finance the program itself, as well as assist Huntington in educating local officials about green building issues.
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1Jul2008 | Stephen Del Percio | 0 comments | Continued
Albany Reaches Agreement on Amendments to Brownfield Cleanup Program Act
Earlier this week, lawmakers in Albany reached an agreement with Governor Paterson on amendments to New York State’s Brownfield Cleanup Program Act (”BCPA”). Under current BCPA provisions, developers can receive tax credits for up to 22 percent of the cost of remediating a brownfield site. The new Act will increase that figure to 50 percent but include a cap of $35 million (or three times the cleanup cost, whichever is less) for non-manufacturing projects; the cap increases to $45 million (or six times the cleanup cost, again, whichever is less) for manufacturing projects.
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25Jun2008 | Stephen Del Percio | 0 comments | Continued
The Liability of Building Green: GBI & ED+C to Sponsor Summer-Long Webinar Series
On Tuesday, June 24, the Green Building Initiative and ED+C magazine are sponsoring the first in a series of three webinars examining the various liability issues that construction industry stakeholders may confront in connection with green projects. I will be presenting on next Tuesday’s panel- titled “Risk and Liability in the Construction Industry”- and providing an overview of potential causes of action that could be asserted against (or brought by) green project participants.
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19Jun2008 | Stephen Del Percio | 0 comments | Continued
What Will LEED v3 Mean for Green Building Legislation?
In an email that was circulated yesterday, USGBC President Rick Fedrizzi announced that his organization’s long-awaited next generation rating system, LEED Version 3.0- which will be known as LEED 2009- will debut for public comment on Monday, May 19. Generally speaking, LEED 2009 will reorganize credits from each of the existing LEED systems into a Bookshelf System, individually weigh credits based on environmental impact, and offer regional bonus credits. However, one of gbNYC’s more specific interests with respect to LEED relates to municipal and state level legislation that either provides an incentive for or mandates LEED-compliant construction.
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16May2008 | Stephen Del Percio | 1 comment | Continued
Green Realty Trust: Nation’s First Green REIT is on the Horizon
The prospects for the first completely green Real Estate Investment Trust, or REIT, are closer to becoming reality. A well-known pioneer in the commercial real estate industry has registered an offering with the SEC for a REIT called Green Realty Trust, Inc. As reported first by CoStar Group, Rob Hannah, CEO and co-founder of TSG Real Estate, a Chicago firm, has made what appears to be the first foray into an all-green REIT. Green Realty Trust has devised an investment strategy that aims to meet the need of increasing demand by commercial users and tenants for green standards by increasing the supply of green buildings for lease. The REIT has set up a Green Advisory Council made up of industry experts that will provide analysis on possible acquisitions. According to the CoStar article, Hannah plans to focus the REIT’s acquisition efforts on existing buildings rather than new construction to try and narrow the list of direct competitors.
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6Feb2008 | Bryan Dempsey | 4 comments | ContinuedThe Year in GreeNYC: Happy New Year from greenbuildingsNYC!
I’d like to thank everyone for reading and supporting greenbuildingsNYC throughout 2007. It was an incredibly enjoyable and rewarding effort last year, and I’m thrilled that I had the pleasure of meeting and connecting with so many of you both locally here in New York and across the blogosphere. 2008 promises to be another fascinating […]
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2Jan2008 | Stephen Del Percio | 0 comments | ContinuedSan Francisco’s Proposed Green Building Legislation: Progressive or Plain LEED Creep?
At a press conference last week that was held at Tishman Speyer’s LEED Silver hopeful 555 Mission Street, San Francisco Mayor Gavin Newsom proposed municipal LEED legislation that, if enacted, would be among the most rigorous in the country applying to private construction. Mayor Newsom has vowed to fast-track his signature on the legislation should […]
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20Dec2007 | Stephen Del Percio | 1 comment | ContinuedGreen Insurance Law: Industry Thoughts on BIM and LEED Coverage for Design Professionals
Last week, the AIANYS Statewide Advisory Committee and the American Council of Engineering Companies of New York sponsored the 2007 Annual Joint Session on Current Insurance Issues for Design Professionals. Speakers from a number of prominent insurance companies, including Lexington, Beazley, Zurich, CNA, Liberty, and XL shared their thoughts on the current state of the […]
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11Dec2007 | Stephen Del Percio | 0 comments | ContinuedPittsburgh Approves Green Density Bonuses, Will Consider LEED Mandate for Public and TIF Projects
On Monday, Pittsburgh’s City Council approved a new green building incentive, and entertained a second which it will vote on sometime next year. The first, and less controversial bill, will allow LEED-certified buildings to rise 20 percent higher and include 20 percent more floor area than other buildings in their zoning district. For example, the […]
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29Nov2007 | Stephen Del Percio | 0 comments | ContinuedThe Top 5 Legal Issues to Consider on Green Construction Projects
I had the opportunity last week to attend an excellent CLE that was offered by American Land. The program focused on the legal issues that attorneys must remain particularly mindful of when advising clients on green real estate projects. Accordingly, here are gbNYC’s top five legal issues that green construction projects may present to participants. […]
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1Nov2007 | Stephen Del Percio | 7 comments | ContinuedSurety Industry Raises Red Flags Over D.C. Green Building Act
Concerns over LEED creep (the application of LEED mandates to private projects) include the potential for awkwardly- or hastily-drafted legislation to change the risk structure associated with a given green construction project for various project stakeholders. For example, back in early August, the Surety and Fidelity Association of America (“SFAA”) and the National Association of […]
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11Oct2007 | Stephen Del Percio | 1 comment | ContinuedLEED-AP Designation Not Just for A/E/C
It’s no surprise that this week’s edition of Crain’s reports an increasing number of real estate brokers, marketing professionals, and, yes, lawyers, who are sitting for the U.S. Green Building Council’s exam in pursuit of the LEED Accredited Professional (”LEED-AP”) designation. (The article is not yet available online). Depending on the industry, though, professionals […]
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2Oct2007 | Stephen Del Percio | 4 comments | Continued