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Green Building Council Publishes New Manual on Green Leases

Published on November 17, 2009 by Seth Smiley

Green Office GuideThe U.S. Green Building Council’s LEED® has recently released the newest in its line of guidebooks. LEED (Leadership in Energy and Environmental Design) is the foremost authority in green building construction, conservation and sustainability.

Then new guide book is entitled “Green Office Guide: Integrating LEED Into Your Leasing Process” It is a comprehensive guide on how to incorporate green building techniques into the landlord / tenant contractual relationship.

Previously LEED has published guidebooks covering green new construction, renovations and other construction areas. This is the first time they have ventured into the lease contract. This guidebook can be very beneficial for those landlords who want to require tenants uphold green standard when occupying a property.

Katie Rothenberg, of the Green Building Council comments on the guidebook: “It is written to provide critical background content as well as functional tools (including lease language and site selection checklists) that can be used throughout the transaction.”

So if you are a tenant, whether it be your home or business, or a landlord and sustainable, renewable, green practices are what you are looking for then this guide book can be found at the Council’s website.

Do City’s Really Have “Energy Inspectors?”

Published on November 10, 2009 by Seth Smiley

Energy Inspectors – Is this an idea or reality for municipalities?   Well, to all those installing solar panels, insulation products and other green appliances and products, in some areas the use of energy inspectors is reality.

In cities like Austin, TX, an Energy Inspector is now a required position.  His or her job is to inspect new residential dwellings and make sure they are up to the city’s strict code.

Austin is not the only place in the US with such a position, states such as California have similar positions. I came across this interesting bit of green construction knowledge when reading this New York Times Article “A New Enforcer in Buildings, the Energy Inspector

The article reports that we lose or waste more energy in our homes than necessary. Old homes that were build to outdated codes are just throwing money and energy literally out the window. States like Florida, Texas and California are being proactive in the fight to save energy and costs for consumers.

We’ve reported in the past that Louisiana is leading the country in some areas related to green building, and so it shouldn’t be surprising that New Orleans has an engery inspector positions as well.   Heck, the New Orleans energy inspector has even been quoted by the New York Times in a piece they ran about the green movement in Louisiana.  (A Sustainable New Orleans Slowly Rises in Katrina’s Wake).  In the article the energy inspector, Zach Embry, is referred to as the city’s “renewable energy permitting specialist.”

It’s important for contractors, suppliers and others in the industry to think  the energy inspector position, not only because of what it means for the green movement in general, but also because it will affect your ability to provide green products and services to clients.

And of course, in this area, the laws, regulations and inspections can be a moving target.  So, be careful.

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Louisiana the Greenest??? It Certainly is the Brightest

Published on August 27, 2009 by Seth Smiley

Well we may not be the most “green” state in the union; but according to Green Scene Magazine we are the most favorable and offer the best rebates on solar additions to your home.

According to the magazine the Louisiana Legislature in 2007 enacted some of the most progressive legislation in the country giving up to a 50% rebate on your taxes on solar and wind systems installed (up to $25,000 per system).  The best part is that if you reach how much you owe in taxes, then the state will send you a check for the rest. This is truly remarkable and seems almost too good to be true.

For more information See La. R.S. 47:6030 and its subparts.

This 50% savings from the Louisiana government can be lumped with the 30% by the Federal government as provided by the recent economic stimulus bill.

There are two Louisiana companies that are leading the way in this solar revolution, Gulf South Solar and South Coast Solar. These two leaders are experienced with the technology and they can aid in the paperwork regarding the refunds.

WWL recently wrote an article on the Louisiana Legislature offered refund.  According to this article the new legislation opened the door, not only to residents but to developers and third parties to get the credit. WWL describes somewhat of a lease to own system whereby you lease and pay the solar company a monthly bill until a certain amount then you simply purchase the system for a dollar.

This is an effort to help spur developers when they are planning communities in the future. Who would have ever thought that Louisiana would be a pioneer in re-useable and renewable resources. The only way that we will ever see the benefits of this legislation is to get out and take advantage of it before it is too late. So instead of complaining about the heat all the time, try making it work for you and let the Sun save you cash.

Green Advertising… Summary of FTC Guides

Published on April 9, 2009 by Seth Smiley

Building “Green” and “Going Green” have become buzz words in the marketplace, and to ensure that those advertising green are actually green, the Federal Trade Commission issued a “Guides for the use of environmental marketing claims.”

Compliance under these guides is imperative to running a successful Green product campaign.

The guides apply to “green claims,” which are defined as follows:

labeling, advertising, promotional materials and all other forms of marketing, whether asserted directly or by implication, through words, symbols, emblems, logos, depictions, product brand names, or through any other means, including marketing through digital or electronic means, such as the Internet or electronic mail.

The guides are very broad in scope but do not carry the “force and effect of law.”

Here is a summarized listing of the guides:

General Principles (§260.6):

a.    Qualifications and Disclosures: need to be “clear, prominent and understandable to prevent deception.” Language used needs to be clear in meaning and type size, you also cannot use contrary claims that would undercut the effectiveness of the claim made.

b.    Distinction between benefits of product, package and service: environmental claim needs to refer to the product, packaging, or service. For example if you use “recyclable” then the product must be reasonably and easily recycled.

c.    Overstatement of environmental attribute: should not expressly or imply an environmental claim in a manner that overstates that attribute or benefit.

d.    Comparative claims: Advertiser needs to verify the comparison and the basis for comparison needs to be clear to avoid deception.

Guide to specific Environmental marketing claims (§260.7): These claims must comply with this guide and also comply with the general principles.

a.    General environmental benefit claims: “It is deceptive to misrepresent, directly or by implication, that a product, package or service offers a general environmental benefit.” Broad environmental claims should be avoided or qualified to prevent deception.

b.    Degradable/biodegradable/photodegradable: a producer cannot expressly or imply that a product is one of these three and the claim has to be based on scientific findings.

c.    Compostable: here too a product needs to be backed up by scientific evidence that it will break down into usable compost in order to use this marking. The product must be compostable in a home pile or device.

d.    Recyclable: a product cannot expressly or imply that the product or its packaging is recyclable unless it can be collected and put through an established recycling program. The product must be clear as to what parts of the product can be recycled, if only portions then they must be clearly labeled.

e.    Recycled content: this claim can only be made when materials making up the product have been diverted from the solid waste stream, either during the manufacturing process (pre-consumer) or after consumer use (post-consumer). Recycled does not include recycled raw material or reconditioned and remanufactured components.

f.    Source reduction: a product cannot claim that it or its package has been reduced in weight, volume or toxicity unless this is absolutely true and verifiable.

g.    Refillable: to be refillable the package or product must provide a collection and return of it for refill or the later refill of the product can be done by the consumer with another sold product. If it is up to the consumer to find a way to refill it then the claim is unqualified.

h.    Ozone safe and ozone friendly: if a product contains an ozone-depleting substance it cannot make this type of claim.

The Gist

All in all, a producer cannot (and should not) be misleading, deceptive or ambiguous in its labeling of products.

More in depth versions of these rules are available at the FTC’s web site http://www.ftc.gov/bcp/grnrule/guides980427.htm, along with examples of what is proper and improper.

AIA Getting Greener…

Published on April 5, 2009 by Seth Smiley

On March 26, 2009, in Portland, The Green Building Initiative (GBI) and the American Institute of Architects (AIA) joined forces and each of its leaders signed a memorandum of understanding.

In a co-press release from the two organizations, they state that the memo pledges “to work together to promote the design and construction of energy efficient and environmentally responsible buildings.”

Ward Hubbell, President of GBI expressed his excitement about the venture:

We look forward to continuing our work with them (AIA) towards our shared goal of achieving widespread acceptance of sustainable design and construction practices.

Chris McEntee, Executive Vice President and CEO of the AIA, boldly stated that they “look forward to working with the GBI on our common goal of reaching carbon neutral buildings by 2030.”

The high points of the agreement are:

-  Through education and training, promote design of energy-efficient, healthier and environmentally responsible buildings;

-  Research green buildings to see what the outcomes are related to economic and environmental performance;

    What does this mean for Louisiana green building projects?

    We’re not entirely sure yet, but hopefully partnerships like this will spur on other organizations to step up their commitment to greener construction.

    Further, with the AIA / GBI partnership, and the AIA’s “Walk the Walk” green promotion, we’ll soon see some interest in blending green building principals, submittals and issues in the popular contract documents.

    Louisiana Gearing Up For Green Boom? Is it Finally True?

    Published on April 3, 2009 by Seth Smiley

    The New Orleans Times Picayune ran a story last week that lead off with these two paragraphs:

    Louisiana is expected to get $122.3 million in federal economic recovery money to improve the energy efficiency of homes, government buildings and public transportation over the next three years and to jump-start renewable energy projects for electricity generation.

    The money should create scores of new jobs for tradesmen willing to learn green building practices. It also will help moderate-income households around the state improve the energy-efficiency of their homes and lower their utility bills.

    Over the next three years, authorties estimate that over 6,000 homes will be weatherized under the program.

    In addition to this, President Obama has recently come out to designate New Orleans as the “U.S. Blueprint” for green construction and environmental protection, invigorating urban centers and stressing volunteerism.

    Perhaps the promise of the Global Green USA’s Build It Back Green program, Brad Pitt’s Make It Right Foundation and other similar programs are finally making its impression, and the New Orleans area will see real investment in green building over the next few years.


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