Poorly performing buildings are perhaps the greatest threat to green building certification systems such as LEED. In an effort to combat these poorly performing buildings a new danger is being created.The USGBC wants to tackle poorly performing buildings by increasing the amount of data available and as part of that goal has laid out their plan for doing so here.(PDF) LEED is certainly moving in the right direction by seeking to make more data available in regards to building's performance. However, a building labeling system such as that being floated by both the USGBC and as part of the Waxman-Markey Climate Bill could derail the momentum of the green building movement and spur litigation.
To be effective a green building labeling system must cover ALL buildings and not just the newer, LEED certified buildings. Whether this label is an actual physical label attached to the building or a "virtual" label where information is stored online and made accessible over the web remains to be seen. A physical label would be less susceptible to fraud but also raise the potential for discrimination.
Preston over at Jetson Green summarized the framework for a labeling system under the the Waxman-Markey Bill as follow:
- The Administrator of the EPA shall create the labeling program to apply to both the residential and commercial markets.
- The purpose of the labeling program is two-fold: (1) to enable and encourage knowledge about building energy performance of both owners and occupants, and (2) to inform efforts to reduce energy consumption nationwide.
- The Administrator is to consider already existing programs, such as Energy Star and the HERS index, while developing a model label.
- The Administrator will create a report telling Congress which building types have measurement protocols and labeling requirements with energy performance data (and which don't).
- The Administrator is to propose measurement protocols and detail how to complete performance labels.
- The Administrator will provide a final rule detailing measurement protocols and requirements for applying the protocols.
- The Administrator shall propose a model building energy label within one year after the date of enactment, and the label will show achieved performance (and, interestingly, will not preclude designed performance data).
- The Administrator will then publish a final rule containing the label applicable to covered projects.
- The Administrator will coordinate with Zero Net Energy Commercial Buildings Initiative to provide labeling demonstration projects for all sorts of different building types.
- The Administrator will work with state energy offices or other state authorities to implement the program, and will also work with these officials to encourage use of the labeling program at the local and county level.
- States are to implement the label in such a way that the information is available to owners, lenders, tenants, occupants, or other relevant parties that can utilize the information.
- Three years after the date of enactment, the Administrator will report to Congress on the effectiveness of the program and the need for any legislative changes.
- The Secretary of Energy and the Administrator will use the program in their agencies and try to get other agencies to implement the label.
A building labeling system will surely create litigation. Whether the litigation will involve the actual labels themselves or the methodology and regulations established by the government in the label's implementation remains to be seen. What are your thoughts?
A big thanks to Preston and Jetson Green for their excellent coverage of this topic.
